Tinsley v. Etowah Power Co.

Citations

• 197 F. 602
• 1912 U.S. Dist. LEXIS 1462

Syllabus

<p>1. Waters and Water Courses (§ 156*) — Conveyance of Rights — Sufficiency.</p> <p>An Instrument, giving the right of flowage over a tract of land by a dam, which recites the payment of $1, and an agreement to pay $24 additional when work on the dam should be commenced, is a conveyance and not an option.</p> <p>[Ed. Note. — For other cases, see Waters and Water Courses, Cent Dig. §| 158, 174r-183; Dec. Dig. § 156.*]</p> <p>2. Waters and Water Courses (§ 156*) — Conveyance—Consideration.</p> <p>A conveyance of a right of flowage, reciting the payment of $1 as consideration, is supported by a sufficient consideration whether the sum named was actually paid or not.</p> <p>[Ed. Note. — For other cases, see Waters and Water Courses, Cent Dig §§ 158, 174-183; Dec. Dig. § 156.*]</p> <p>3. Receivers (§ 99*) — Purchase of Property — Validity.</p> <p>A conveyance by the owner of land of a right of flowage to the receiver for a corporation, for which he was paid a small sum, is valid to devest the grantor of such right, although the receiver had not previously obtained authority, from the court to make the purchase.</p> <p>[Ed. Note. — For other cases, see Receivers, Cent Dig. §§ 183-186; Dec. Dig. § 99.*]</p> <p>4. Vendor and Purchaser (§ 228*) — Validity of Conveyance — Subsequent Purchaser with Notice.</p> <p>Whether a conveyance of an easement was so executed as to render its record constructive notice is immaterial to affect its validity as against a subsequent grantee from the same grantor who had actual notice.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Cent. Dig. §§ 495-501; Dec. «Dig. § 228.*]</p>