Albee v. Huntley
Supreme Court of Vermont
[In Chancery.] Bill in chancery praying for an injunction to restrain the defendant from interfering with the orator’s use of a water privilege. Heard on bill, answer, traverse, and -the report, of.a master, December Term, 1883, Powers, Chancellor. Bill dismissed. Subsequently to the execution of the Chipman deed other machinery was put into the orator’s mill for sawing boards and coarse lumber.
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[In Chancery.] Bill in chancery praying for an injunction to restrain the defendant from interfering with the orator’s use of a water privilege. Heard on bill, answer, traverse, and -the report, of.a master, December Term, 1883, Powers, Chancellor. Bill dismissed. Subsequently to the execution of the Chipman deed other machinery was put into the orator’s mill for sawing boards and coarse lumber. The defendant’s premises were used, in whole or in part, down to the fall of 1880, for grinding grain, when the grist mill machinery was removed, and machinery for finishing lumber, sawing staves, and…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This case is a bill in equity asking that the defendant be enjoined from interfering with the orator’s use of water from a mill privilege supplying water for the mills of the respective parties.
In August, 1840, Daniel Chipman conveyed the premises now owned by the orator to one Bacon “ with the privilege of taking water from my mill dam * * * sufficient to carry a shingle machine at all times, leaving a sufficient quantity of water for the grist mill, with two or three run of stones, as the case may be; and if the said Bacon, his heirs or…
2Cases cited3 opinions
- Flagg v. EamesSupreme Court of Vermont · 1867
- Adams v. WarnerSupreme Court of Vermont · 1851
- Dunklee v. AdamsSupreme Court of Vermont · 1848
3Cited by6 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
- Hall v. Sterling Iron & Railway Co.New York Court of Appeals · 1896
- Hartford Woolen Co. v. BugbeeSupreme Court of Vermont · 1903
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