Percival v. Williams
Supreme Court of Vermont
Appeal In Chancery. Heard on the pleadings and facts found by the chancellor at the March Term, 1909, Chittenden County, Waterman, Chancellor. Decree for the defendant. The orator appealed.
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Appeal In Chancery. Heard on the pleadings and facts found by the chancellor at the March Term, 1909, Chittenden County, Waterman, Chancellor. Decree for the defendant. The orator appealed. The bill seeks to enjoin the defendant from taking water by an aqueduct from the orator’s flume and through his land to the premises called the Rawson farm, now owned by the defendant and his wife, and to restrain the defendant from repairing or rebuilding the flume, and the dam across Brown’s River on the orator’s premises, causing the water to flood the orator’s meadow, and prays that the dam be removed.…
1Opinion of the CourtWatson, J.
Before and on the 16th day of December, 1872, B. C. Buxton was the common owner of the two properties in Jericho: the land and mill privilege and water rights connected therewith on the south side of Brown’s River and east of the highway, now owned by the orator, and the land, mill privilege and water rights connected therewith on the north side of the river and west of the highway, now owned by the defendant. During said Buxton’s ownership of both properties the present dam was in existence as a part of the property on the south side of the river, and the sawmill and gristmill on that side…
2Cases cited16 opinions
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Blake v. TuckerSupreme Court of Vermont · 1840
- Cole v. DrewSupreme Court of Vermont · 1871
- Holden v. ShattuckSupreme Court of Vermont · 1861
- Joseph v. AgerCalifornia Supreme Court · 1895
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3Cited by18 opinions
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- Bina v. BinaSupreme Court of Iowa · 1931
- Morrill Realty Corp. v. Rayon Holding Corp.New York Court of Appeals · 1930
- Smith v. Second Church of Christ, Scientist, PhoenixArizona Supreme Court · 1960
- Lague, Inc. v. RoyeaSupreme Court of Vermont · 1989
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