Sanborn v. Braley
Supreme Court of Vermont
Appeal from a pro forma decree of the court of chancery, Caledonia county, made at the June term, 1873, Ross, Chancellor, dismissing the bill, with costs. The case sufficiently appears from the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The parties derive tbeir respective titles from the same source. The orator owns a saw-mill and the defendants a grist-mill, situated on opposite sides of the same stream in the town of Wheelock, and on the same dam. Some fifty years ago, Joshua Weeks, who owned both mills, conveyed the saw-mill and privilege, “ excepting always water sufficient for the use of said grist-mill standing on the other side of the stream opposite the aforesaid *171saw-mill.” The expense of some repairs to the dam at one time were apportioned in the ratio of…
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