MACARTOR v. GRAYLYN CREST III SWIM CLUB, INC.


173 A.2d 344 (1961)

Frank L. MACARTOR and June D. MACARTOR, his wife, Plaintiffs, v. GRAYLYN CREST III SWIM CLUB, INC., a Delaware corporation, Defendant.

Court of Chancery of Delaware, New Castle.

July 6, 1961.


Attorney(s) appearing for the Case

H. Albert Young and Bruce M. Stargatt of Morford, Young & Conaway, Wilmington, for plaintiffs.

Frederick Knecht, Jr., and Harvey B. Rubenstein, Wilmington, for defendant.


SEITZ, Chancellor.

The parties in this case are neighboring landowners contesting their respective rights to a supply of what the parties agree is percolating underground water. Defendant has moved to dismiss the first three causes of action. Plaintiffs have countered with a demand for summary judgment in the first cause of action.

In their first cause of action plaintiffs allege that they are the owners and inhabitants of a residential dwelling located near...

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