Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Kimsey. Lumpkin superior court. November 10, 1903.
1Opinion of the CourtSimmons, C. J.
The Chestatee Pyrites Company filed an equitable petition against the Cavenders Creek Gold Mining Company. The petition alleged that the plaintiff owned and possessed certain tracts of land through which ran the Chestatee river; that it had developed on said land, at great expense, a pyrites mine from which it was actually engaged in taking out ore; that it had purchased the land on both sides of a large water-power in the Chestatee river, a non-navigable stream, owned this water-power, and had also purchased the right to overflow the adjoining lands by the erection of a dam in this stream;…
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