Legal Opinion

Mitchell v. Walker

Supreme Court of Vermont

Decided February 15, 1827PublishedCited by 6 opinions

THIS was an action on the case for taking water from tbe pent-stock of the plaintiff’s flume, for the use of a falling-mill, &c. The action was tried on the general issue, at the December term of Windsor county court, 1826, and a verdict was entered for the defendant.

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THIS was an action on the case for taking water from tbe pent-stock of the plaintiff’s flume, for the use of a falling-mill, &c. The action was tried on the general issue, at the December term of Windsor county court, 1826, and a verdict was entered for the defendant. On that trial, the plaintiff adduced testimony tending to prove all the facts set forth in his declaration, in doing which, he read in evidence, in support of his title to the locus in quo, a record of the division of the estate of Daniel Gilbert, deceased, assigning the premises described in the declaration to Jerusha Gilbert,…

1Opinion of the Court

The opinion of the Court was pronounced by

Skinner, Ch. J.

It is insisted by the plaintiff’s counsel, that to acquire a prescriptive right, the exercise and enjoyment thereof for no period of time short of that recognized by the ancient common law, i. e. time whereof the memory of man run-neth not to the contrary, is sufficient.

That the principle of presuming a grant by fifteen years’ possession and use, applies to adverse possession, and not to possession received from and held under the owner. That the evidence in this case shows the possession of the defendant and those under whom he claims,…

2Cited by6 opinions

  1. Barber v. BaileySupreme Court of Vermont · 1912
  2. Russell v. PareSupreme Court of Vermont · 1974
  3. Hinchman v. WhetstoneIllinois Supreme Court · 1859
  4. Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
  5. Downer v. DanaSupreme Court of Vermont · 1847

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