Muscogee Manufacturing Co. v. Eagle & Phenix Mills
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Muscogee superior court. July 22, 1905. Tbe Eagle & Phenix Mills filed its petition against the Muscogee Manufacturing Company, alleging substantially as follows: The .State of Georgia, being the original owner of all the land in the Coweta Beserve in Muscogee county, in the year 1828 set aside 1200 acres for a town to be called Columbus, caused the tract to be divided into streets, lots, and .commons, and offered lots for sale.
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Equitable petition. Before Judge Littlejohn. Muscogee superior court. July 22, 1905. Tbe Eagle & Phenix Mills filed its petition against the Muscogee Manufacturing Company, alleging substantially as follows: The .State of Georgia, being the original owner of all the land in the Coweta Beserve in Muscogee county, in the year 1828 set aside 1200 acres for a town to be called Columbus, caused the tract to be divided into streets, lots, and .commons, and offered lots for sale. The tract had for its western boundary the line indicated by high water-mark on the western bank of the Chattahoochee…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The plaintiff’s petition does not rest upon the general law of riparian rights, but upon contractual rights. It claims that there were certain covenants running with the land, embraced in the deeds from the Mayor and Council of Columbus to John II. Howard and Josephus Echols and to John H. Howard. In the' deed to Howard and Echols executed in 1841, conveying the lots of even numbers, there was an agreement or covenant that the grantees *216should erect a suitable and sufficient dam across the river at a point on or above lot No. 1, “so that when said river is…
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- Hudson Canal Co. v. Pennsylvania Coal Co.Supreme Court of the United States · 1869
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
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