Rich v. Penfield
New York Supreme Court
This was an action on the case, brought by Penfield a£"ainst Rich and Lincoln, for diverting or withholding the waters of Irondequoit creek from the mills of the plaintiff, sit-i * uate on that creek, below the mills of the defendant, tried at t^e Monroe circuit in September, 1827, before the Hon. John Birdsall, one of the circuit judges.' The declaration averred, that on the 1st September, 1820, and from thence until the 1st August, 1820, the plaintiff was lawfully…
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This was an action on the case, brought by Penfield a£"ainst Rich and Lincoln, for diverting or withholding the waters of Irondequoit creek from the mills of the plaintiff, sit-i * uate on that creek, below the mills of the defendant, tried at t^e Monroe circuit in September, 1827, before the Hon. John Birdsall, one of the circuit judges.' The declaration averred, that on the 1st September, 1820, and from thence until the 1st August, 1820, the plaintiff was lawfully possessed of certain mills and manufacturing establisbménts, to wit, a grist or flouring mill, a saw-mill, an oilmd'’ a tannel7)…
1Opinion of the Court
By tlie Court,
Sutherland, J.
It is not denied that Pen-field was the owner in fee of the mills which are alleged to have been injured by the unlawful conduct of the defendants; but is contended, that from September, 1819, to August, 1826, the period within which the injury was sustained, as alleged in the declaration, the mills were not in his possession, but in the possession of Gelston, his tenant. Gelston, who is the son-in-law of the plaintiff, was examined as a witness, and his testimony contains all the evidence upon this point. He stated that from 1819 to 1825, he occupied the…
2Cases cited1 opinion
- Palmer v. MulliganNew York Supreme Court · 1805
3Cited by18 opinions
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- Aiken v. SmithSupreme Court of Vermont · 1849
- Starnes v. QuinSupreme Court of Georgia · 1849
- Rice v. HollenbeckNew York Supreme Court · 1855
- Sheldon v. SlykeNew York Supreme Court · 1852
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