Parmelee v. Herbert Sons

This was a suit to enjoin defendants from invading complainants ’ riparian rights by dredging. and taking sand and gravel from Hill’s Island in the Cumberland River, about twenty miles above Nashville, and to recover damages: (1) for the value of the sand and gravel taken and appropriated above pool level, and, (2) for the destruction of complainants’ bathing beach and accretions below low water mark.

The Chancellor sustained defendants’ demurrer and dismissed the bill on the ground that complainants’ immediate vendor had reserved the right to remove sand from the island for ten years, and had…