Woodcock & Vinton v. Estey
Supreme Court of Vermont
Trespass on the freehold with counts in case. Plea, the general issue, and trial by jury, April term, 1870, Barrett, J., presiding. The plaintiffs seek to recover of the defendant fpr an alleged diversion of the water of a certain spring in Brattleboro, located near “ Whetstone Brook,” about one quarter of a mthe above the site of plaintiffs’ paper-mill, the machinery ef which is propelled by water taken from said brook by a canal, and conveyed to plaintiffs’ mill.
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Trespass on the freehold with counts in case. Plea, the general issue, and trial by jury, April term, 1870, Barrett, J., presiding. The plaintiffs seek to recover of the defendant fpr an alleged diversion of the water of a certain spring in Brattleboro, located near “ Whetstone Brook,” about one quarter of a mthe above the site of plaintiffs’ paper-mill, the machinery ef which is propelled by water taken from said brook by a canal, and conveyed to plaintiffs’ mill. This spring issues from the earth some eight rods southerly from plaintiffs’ canal, and discharges about six gallons per minute,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The title to the spring in controversy was originally in Joseph, Henry, and Rufus Clark. Both the plaintiffs and defendant claim title from them through several conveyances. The Clarks executed a lease to John Holbrook and Joseph Fessenden, August 7, 1826. They also conveyed by deed to Joseph Fessenden and John C. Holbrook, December 29, 1827.
*521The county court held that the rights of the parties to the spring depended upon the construction of the deed of December 29, 1827, unaffected by the lease. We think in this there was no error. Joseph…
2Cases cited1 opinion
- Mixer v. ReedSupreme Court of Vermont · 1853
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- Meroney v. . Cherokee LodgeSupreme Court of North Carolina · 1921
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