Wynn v. Garland
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court in Chancery. The Hon.' John Quillet, Circuit Judge. contended that the right claimed here is a servitude, an interest, or incorporeal hereditament in real estate, lying in grant, and which can pass only by writing, under the statute of frauds: that to this right is attached, as incident thereto, a right of entry on the servient tenement, and of passage, to remove obstructions and keep open the drains for the water: that the natural right…
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Appeal from Lafayette Circuit Court in Chancery. The Hon.' John Quillet, Circuit Judge. contended that the right claimed here is a servitude, an interest, or incorporeal hereditament in real estate, lying in grant, and which can pass only by writing, under the statute of frauds: that to this right is attached, as incident thereto, a right of entry on the servient tenement, and of passage, to remove obstructions and keep open the drains for the water: that the natural right of drain can only extend so far as that the owner of the servient estate is bound to let the rain water flow off…
1Opinion of the CourtJustice Hanly
This was a bill for injunction, brought by Josiah Garland, on the 26th January, 1846, against William Wynn, on the chancery side of the Lafayette Circuit Court.
The facts of the case, as far as it is material to state them, are as follows:
In 1836, Garland and Wynn were in possession, and claimed to be the owners of contiguous plantations in Fisher’s Prairie, on the west side of Red river. They held actual possession of the lands composing their respective plantations, by such title as could, at that time, be acquired by the purchaser of improvements on public lands. The plantation of Wynn…
2Cases cited4 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Prince v. CaseSupreme Court of Connecticut · 1835
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Le Fevre v. Le FevreSupreme Court of Pennsylvania · 1818
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- Rentfro v. DettwilerMontana Supreme Court · 1933
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