Tuesday, December 31, 2013

Miller v. Lutheran Conference & Camp Association case brief

Miller v. Lutheran Conference & Camp Association case brief summary
200 A. 646 (1938)

The appellate sought review of a judgment of a Pennsylvania court which granted an injunction to the appellees, which prevented them from using an artificial lake.

The appellee husband, along with other individuals. owned lands on a creek.
The parties organized a corporation in which they leased an amount of lands that would be covered by the backing up of the water which was caused as a result of a dam's construction that they proposed to build across the creek.
The dam was constructed, and formed an artificial lake.
The corporation granted the husband an exclusive right to fish and boat in the lake.
The appellee granted a 1/4th interest in the husband's fishing, bathing, and boating rights to the decendent.
The decedent died after the granting of these rights.
The executors of the brother's estate granted a license to the appellant that purported to grant permission to use the lake.
The appellee as well as his wife filed a bill in equity which sought an injunction to prevent the appellant from using the lake.
The trial court issued that injunction.

The court affirmed the prior holding that stated that the decedent's rights could not be used and licensed without the consent of the appellee.

The Judgment was affirmed.
The Appellee husband acquired title to boating and fishing privileges by grant.
The husband and decedent were granted bathing rights by prescription.
The husband made a valid assignment of a one-fourth interest in rights to decedent, however rights could not be commercially used and licenses could not be granted without the consent of the appellee.

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