Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-09-17
SUPREME COURT OF APPEALS.
Proceedings fcsterday-stearnss hNecu-
tors vs.. Richmond Paper-manufac-
turing Company.
Especial telegram to The Dispatch.I

Especial telegram TO the Dispatchl
STANTON. September 1.-THE following
were the proceedings IN the Court OF Ap-
peals here to-day:
Patterson rs. w. c. Eaken, &c. From
Botetourt county. Argued by appellants
counsel and submitted.
Ralston Stiff. &c. Is. j. Frederick Eitiln-
ger. executor. Rockingham county. Decree
OF Circuit Court of Rockingham affirmed,
Judge Lewis.
In Tho case Of the Piedmont Guano and
Manufacturing Company rs. Campbell a
Norris the petition for rehearlnS was
rejected.
Faber's administrator rs Gentry's adj
ministrator. Continued.
Townley and wife Is. Markham d Wood.
Dismissed. .
An appeal was allowed in the case Of
Cars administrator rs. Rogers. From
Loudoun county.
RICHMOND CASE.
Franklin Stearns's Executor rs. the Rich
mond Paper Manufacturing Company. In
Tins case Judge Lacy delivered the opinion
of the court, which Is quite lengthy one.
He decides that the Court below dld not
err in so much OF its decree appealed from
as decreed that the appellant was not en-
titled TO receive q greater amount of water
through the Nelson canal than was con-
tracted for by the deeds between the par
ties, which created the right to the flow OF
water, without payment on his part of his
proportion of the cost OF such increase IN
the flow; and that there was no error IN
the said decree III so lar a. II decreed that
the lots in question, Nos. 3 and Z. should
be subject 10 the payment of the water
rent due aud IN arrears thereon; and SO
much of said decree as is declared herein
to be without error ~ affirmed.
THE ERRORS.
But the Court is of opinion that so much
of said DEGREES az decides that the said APP
pellant is not entitled either as owner of
Lots and Z nor otherwise 10 receive from
the Richmond PAPER Manufacturing Com
pany. its assigns, &c, any water now or
hereafter flowing to their premises III ex,
cess of the quantity herelnbetOre specified
and decreed, measuring $50 inches at a
head and pressure of four and one half
feet but that as 10 any such water
in excess of said quantity the Rich
mond Paper Manufacturing Company, ITS
successors, &C.. shall have the right at all
times TO divert such excess of water, and
to use the same as their own. free from any
claim Of the said Stearns, Is erroneous IN
so far as il excludes the right OF the de
PENDANT Stearns 20 receive and have such
excess delivered 10 him upon the payment
by him OF one half the costs # sad excess.
MUST BE AMENDED.
The said decree must be amended so as
70 provide for such right OF the said
Stearns, and the said decreeis so amended
and the dcfendentAppellant here shall be
entitled TO receive from the Richmond
OBSERVATION-DISCLOSURES Company any water
now or hereafter flowing to their premises
through the Nelson canal IN ex--
cess of the quantity before specified
upon the payment by him of one half the
cost of the same. The cause Is therefore
remanded 10 the Chancery Court OF Rich
mond to be further proceeded with III ac-
cordance with this opinion. The Court
orders that the appellant pay the cost OF
the proceedings III the Court of Appeals.
The court then adjourned until the next
term.