Blanchard v. Baker
Supreme Judicial Court of Maine
This was a writ of error, brought to reverse a judgment rendered by Whitman C. J. in the court below. The action was trespass on the case, brought originally before a Justice of the peace, by Jeremiah Baker and Samuel Baker, against Sylvanus Blanchard, Amasa Baker, and Benjamin Mitchell, for diverting the water of Royall’s river from their mill.
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This was a writ of error, brought to reverse a judgment rendered by Whitman C. J. in the court below. The action was trespass on the case, brought originally before a Justice of the peace, by Jeremiah Baker and Samuel Baker, against Sylvanus Blanchard, Amasa Baker, and Benjamin Mitchell, for diverting the water of Royall’s river from their mill. The declaration was as follows : — “for that the plaintiffs, on the thirtieth day of April, A. D. 1830, were, and ever since have been, and now are seised of thirteen sixteenths of a certain ancient water-mill, called a com or grist mill, with an…
1Opinion of the Court
This argument was heard at the last May term, and the opinion of the Court was now delivered by
Weston J.
The first question presented is, In what proportions the original plaintiffs (and wherever plaintiffs or defendants are adverted to in this opinion, those who were originally such are intended,) are seised and possessed of the mill and privilege, for an injury to which this action is brought. They claim thirteen sixteenths; while the defendants insist, that they should be restricted to three eighths, and one thirty second part, derived by inheritance from Samuel Baker, the elder. If his…
2Cases cited3 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Colburn v. RichardsMassachusetts Supreme Judicial Court · 1816
- Beissell v. ShollSupreme Court of the United States · 1800
3Cited by14 opinions
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- Lux v. HagginCalifornia Supreme Court · 1886
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- Jones v. ConnOregon Supreme Court · 1901
- McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
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