Smith v. Furbish
Supreme Court of New Hampshire
Writ or Entry. Eacts agreed. The plaintiffs demand of the defendant the possession of a lot of land, numbered four in the tenth range of lots in Berlin. Both parties claim title under one Cross.
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Writ or Entry. Eacts agreed. The plaintiffs demand of the defendant the possession of a lot of land, numbered four in the tenth range of lots in Berlin. Both parties claim title under one Cross. May 11, 1865, Cross conveyed to the defendant’s grantor, Wilson, the premises in question, which were described in the deed as follows : “A certain piece of land being all that Sart of lot numbered four in the. tenth range of lots in said Berlin, laying on the east side of the Androscoggin river, reserving to myself the right of building a dam across said river at any point agaiust said land, together…
1Opinion of the CourtDoe, C. J.
Lot 4 of Range 10 in Berlin is under and on both sides of the Androscoggin river, which flows in a southerly direction. Between these claimants of water-power, it is a matter of importance that the bed of the river is a part of the lot, and that every acre, bounded easterly or westerly by the river, extends to the center of the stream. While the portion of the lot on the east side may be conveniently called the east section, and the other portion the west section, the thread of the river is, in this case, an immaterial line except at the points where it has become a boundary of adjoining…
2Cases cited54 opinions
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- Gibson v. ChouteauSupreme Court of the United States · 1872
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
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