Bullen v. Runnels
Superior Court of New Hampshire
A deefl, which describes the premises as “ a certain part of a stream of water,” and mentions the two termini of the rt part,” was held to pass a right to use the whole water which flows between those termini. Whether all the interest in the soil beneath the water passes for every purpose, or only so far as is necessary for a due enjoyment of the water, yet the interest is of such a character, that it cannot be conveyed witiiout a deed duly executed , and recorded.
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A deefl, which describes the premises as “ a certain part of a stream of water,” and mentions the two termini of the rt part,” was held to pass a right to use the whole water which flows between those termini. Whether all the interest in the soil beneath the water passes for every purpose, or only so far as is necessary for a due enjoyment of the water, yet the interest is of such a character, that it cannot be conveyed witiiout a deed duly executed , and recorded. A bond between the original parties to the deed first mentioned, which bond was not recorded, nor known to a subsequent grantee…
1Opinion of the Court
Woodbury, J.,
pronounced the opinion of the court.
The first object in this case is to settle the respective interests of these parties in the waters ol Ttfrkey river. The most conclusive evidence as to these interests was the occupation of the parties during twenty years. Because that is the common and peculiar mode of acquiring rights to the use of water(l) •, and because so long an occupation of a stream not navigable raises á presumption, that grants, now lost by time or accident, have passed between the parties in conformity to this occupation. 6 East 216.—1 Camp. N. P. 260, 463.-2 Barn. &…
2Cases cited4 opinions
- Thompson v. GregoryNew York Supreme Court · 1809
- Shaw v. CrawfordNew York Supreme Court · 1813
- Carver v. MillerMassachusetts Supreme Judicial Court · 1808
- Chesley v. FrostSuperior Court of New Hampshire · 1818
3Cited by3 opinions
- Watkins v. PeckSuperior Court of New Hampshire · 1843
- Johnson v. RandSuperior Court of New Hampshire · 1832
- Wallace v. FletcherSuperior Court of New Hampshire · 1855