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DECEDENTS' ESTATES-LEGACIES CHARITIES. W. H. L.

522

EMINENT DOMAIN

326

EQUITY CASES. R. P. Bradford

153. 316, 525

EXECUTOR'S POWER TO TRANSFER SHARES. R. C. McMurtrie.

150

EXECUTOR'S TITLE TO NOTES AGAINST TESTATOR

401

IMPUTKD NEGLIGENCE. Andernus Stewart

314

INJUCTIONS TO RESTRAIN STRIKES. W. D. L.

IAT

LANDLORD AND TENANT LAW

OLEOMARGARINE-ORIGINAL PACKAGES

QUO WARRANTO IN NEW JERSEY SENATE CONTEST

321

RAILKOAD LEASES. d. B. Weimer

237

RIGHTS OF VENDOR AND VENDEE TO A POLICY OF IXSURAXA ox

THE PROPERTY SOLD. Geo. Richards

WILLS. W. H. Loyd

34

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THE

AMERICAN LAW REGISTER

AND

REVIEW.

JANUARY, 1894.

THE NATURAL USE OF LAND.

BY JOHN MARSHALL GEST.

PART I. OVER seven years have passed since the Supreme Court, in Sanderson v. The Pennsylvania Coal Company,' reversed their previous decisions in the same case.' The final judgment of the court has been considered in several more recent cases and at this lapse of time the principles of the decision may be impartially and critically considered.

The facts are well known. To rehearse them briefly we find that the plaintiff, Sanderson, purchased in 1868 a tract of land within the limits of the city of Scranton through which flowed “ Meadow Brook," a seven-feet wide stream of excellent water. The plaintiff was in part induced to purchase his land on account of this stream, the condition of which he investigated with some care. He built a handsome residence near by; dammed the stream to make ponds for ice and fish, and used the water in his

"113 Pa. St., 196 (1886).
*86 Pn. St., 401; 94 Pa St., 302; 101 Pe. St., 370.

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