Berry v. Hutchins
Supreme Court of New Hampshire
Bill in Equity, to determine the orders necessary to secure the respective rights of the parties in the reservoir formed by the dam at the outlet of Crooked pond, according to the decisions in Horne v. Hutchins, 71 N. H. 117, and 72 N. H. 211. Transferred from the June term, 1904, of the superior court, by Wallace, C. J. The plaintiffs own the Horne water privilege and the sawmill, and the defendant Hutchins owns the gristmill, the leather-board mill, and the water privilege…
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Bill in Equity, to determine the orders necessary to secure the respective rights of the parties in the reservoir formed by the dam at the outlet of Crooked pond, according to the decisions in Horne v. Hutchins, 71 N. H. 117, and 72 N. H. 211. Transferred from the June term, 1904, of the superior court, by Wallace, C. J. The plaintiffs own the Horne water privilege and the sawmill, and the defendant Hutchins owns the gristmill, the leather-board mill, and the water privilege at dam B, mentioned in the above named cases. All deeds and papers which were parts of those cases, and of the cases…
1Opinion of the CourtChase, J.
The description of the property conveyed by the deed, Winnipiseogee Lake Cotton and Woolen Manufacturing Company to Elisha Goodwin, dated November 29, 1854, construed in Horne v. Hutchins, 71 N. H. 117, reads as follows: “A tract of land situated in said Wolfeborough, containing one acre more or less, with the gristmill and sawmill standing thereon, . . . together with the following described right or privilege in the use of the water, to wit, the right to use the water-power and mill privilege on said premises at such times as said company shall not consider the same as interfering with the…
2Cases cited3 opinions
- Horne v. HutchinsSupreme Court of New Hampshire · 1901
- Winnipiseogee Lake Cotton & Woolen Manufacturing Co. v. GilfordSupreme Court of New Hampshire · 1893
- Horne v. HutchinsSupreme Court of New Hampshire · 1901
3Cited by3 opinions
- Newmarket Manufacturing Co. v. NottinghamSupreme Court of New Hampshire · 1933
- Hutchins v. BerrySupreme Court of New Hampshire · 1907
- Newmarket Mfg. Co. v. ChapmanCourt of Appeals for the First Circuit · 1913