Varick v. Smith
New York Court of Chancery
This was an appeal by the defendants from a decree of the vice chancellor of the fifth circuit. The facts of the case as stated in the complainant’s bill are set out in the report of the decision of the chancellor upon the appeal from the order of the former vice chancellor overruling the demurrer of the defendant Smith.
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This was an appeal by the defendants from a decree of the vice chancellor of the fifth circuit. The facts of the case as stated in the complainant’s bill are set out in the report of the decision of the chancellor upon the appeal from the order of the former vice chancellor overruling the demurrer of the defendant Smith. (5 Paige’s Rep. 137, S. C.) After the decision upon that appeal the defendants-answered the bill, denying the complainant’s title to the water privileges claimed by him below the state dam, and also denying that he had any right to, the lands in the bed of the Oswego river. A…
1Opinion of the Court
The Chancellor.
This court having, in a former stage of the suit, determined that the bill in this case was properly filed if the facts stated therein were true, the complainant was entitled to a decree protecting his right to the water privileges claimed by him, and to the use of the waters which would naturally flow over the state dam on the west side of the river, which were not wanted for the use of the canal, if he succeeded in showing a title to the alveus or bed of the stream on that side; subject to the public right of navigation, so far as it is navigable. And without taking time to…
2Cited by10 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Stewart v. . TurneyNew York Court of Appeals · 1923
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1888
- Waterford Electric Light, Heat & Power Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1924
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