Norris v. Showerman
Michigan Supreme Court
Appear from Chancery. (Vide S. C. reported 1 Walk. Ch. R. 206.) The bill in this case was filed by Norris to obtain an admeasurement of water, under a lease executed by him to one A. M. Hurd, and alleged that the defendants were joint owners, by assignment, of the entire leasehold interest.
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Appear from Chancery. (Vide S. C. reported 1 Walk. Ch. R. 206.) The bill in this case was filed by Norris to obtain an admeasurement of water, under a lease executed by him to one A. M. Hurd, and alleged that the defendants were joint owners, by assignment, of the entire leasehold interest. The defendant, Showerman, put in an answer, from which it appeared that Church, his co-defendant, had assigned to him a long time before the bill was filed, and that he thereupon became and was the sole owner of the leasehold interest. Church having, therefore, no interest in the suit, suffered the bill to…
1Opinion of the CourtGoodwin, J.
I have examined with much care the various questions presented by the case upon the pleadings and testimony and will proceed to state the conclusion at which I have arrived.
The principal questions are, 1. What is the construction of the instrument executed by complainant, granting the water power to Hurd, without the addition made to it ? 2. What with that addition? and, 3. If the addition varies the construction of the original instrument, is it, in respect to the defendant, a subsisting and valid part of it?
The defendant, Showerman, insists that, by the terms of the lease, the water granted…
2Cases cited1 opinion
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
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