Shaw v. Chambeblin
Supreme Court of Vermont
Appeal from the court of chancery: The bill alleged that in- the year 1838, one Jay Wilson owned a farm in Bethel, known as the Burke farm, on which there was then a brick dwelling-house and other building; that during that year, he built a new dwelling-bouse, and other buildings ■ appurtenant, on the northern extremity of said farm, and caused an aqueduct to be constructed from a certain spring situate on said farm to said last named dwelling house, for the purpose of…
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Appeal from the court of chancery: The bill alleged that in- the year 1838, one Jay Wilson owned a farm in Bethel, known as the Burke farm, on which there was then a brick dwelling-house and other building; that during that year, he built a new dwelling-bouse, and other buildings ■ appurtenant, on the northern extremity of said farm, and caused an aqueduct to be constructed from a certain spring situate on said farm to said last named dwelling house, for the purpose of supplying the same with water; that thence, for the space of about thirty years, water flowed from said spring, through said…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The defendant has demurred to the orator’s bill, and insists that the same is insufficient by reason of lack of substance and lack of parties. The orator, we think, not in the most approved form, nor with the greatest clearness and explicitness, but in substance, has set forth that he claims the right to have the water from the spring named, situated on the remainder of the Burke farm, so called, flow through the aqueduct to the house which he purchased of Jay Wilson, by virtue of the conveyance of such a right to him in the deed of the…
2Cited by5 opinions
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- Buzzell v. StillSupreme Court of Vermont · 1891
- Haskell's Admr. v. HoltSupreme Court of Vermont · 1903
- Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1913
- Gould Accessory Dwelling ApplicationVermont Superior Court · 2011