Slack v. Walcott
U.S. Circuit Court for the District of Rhode Island
This was a bill in equity by the plaintiffs, citizens of Massachusetts, who are owners of a mill in Massachusetts, on the east side of Pawtucket river, against the defendants [Edward Walcott and others], citizens of Rhode Island, who are owners of mills, &c., in Rhode Island, on the west side of the same river, the river forming the boundary between the two states.
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This was a bill in equity by the plaintiffs, citizens of Massachusetts, who are owners of a mill in Massachusetts, on the east side of Pawtucket river, against the defendants [Edward Walcott and others], citizens of Rhode Island, who are owners of mills, &c., in Rhode Island, on the west side of the same river, the river forming the boundary between the two states. The bill was brought to establish the title of the plaintiffs to a prior- use of the water for the purpose of supplying their mill, and alleged an obstruction of the accustomed course of the water to their mill by the defendants,…
1Opinion of the Court
STORY, Circuit Justice.
The question in this case is, whether, under all the circumstances, the devisee is entitled to revive this suit by a simple bill of revivor, in this court. I say, in this court, because it seems admitted in the reply, that in the chancery of England a devisee is not entitled to a bill of re-vivor. If, indeed, this were controverted, the authorities are so numerous and uniform, that the point must be considered by this court as settled, if any point can ever be deemed settled by constant practice or adjudication. Backhouse v. Middleton, 1 Ch. Cas. 173, Freem. Ch. 132;…
2Cited by13 opinions
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- Brown v. FletcherU.S. Circuit Court for the District of Eastern Michigan · 1904
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