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Property Keyed to Merrill
Edwards v. Allouez Mining Co.
Facts
Allouez Mining Company constructed a copper-mining mill upon a creek. Part of the copper-mining process required large amounts of sand flowed be in the creek. Then, the sand flowed were deposited upon a nearby downstream tracts of land. Edwards purchased one of the downstream tracts of land about one year after Allouez built the mill. Edwards’s intent of purchasing the land was to compel Allouez to purchase the land at a large profit, not for personal use. Edwards offered to sell Allouez the land for about three to five times the amount that Edwards paid. Thereafter, Allouez refused to accept the offer. Edwards instigated this action to enjoin Allouez from depositing sand on his land. Subsequently, the trial court denied Edward’s injunction, but directed the case to a jury trial for damages determination. Edwards appealed.
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