Coe v. Talcott
Supreme Court of Connecticut
THIÉ was an action 0¾ the case. If was alleged;¾⅛⅜⅝ declaration, that the plaintiff was the proprit for and p&ss%S-sor of a certain piece of land in Durham, in the cónStjr of Middlesex, containing about nine acre? ; that near this piece of land, a perpetual stream of water took its rise, and ⅛ 1⅜ naturai course, flowed upon, and across th<* liefcodaút’s land, to the land of the plaintiff before mentioned, over which it had immetnorially flowed; and that the plaintiff…
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THIÉ was an action 0¾ the case. If was alleged;¾⅛⅜⅝ declaration, that the plaintiff was the proprit for and p&ss%S-sor of a certain piece of land in Durham, in the cónStjr of Middlesex, containing about nine acre? ; that near this piece of land, a perpetual stream of water took its rise, and ⅛ 1⅜ naturai course, flowed upon, and across th<* liefcodaút’s land, to the land of the plaintiff before mentioned, over which it had immetnorially flowed; and that the plaintiff possessed a right to use such stream of water to fertilize his land, it was also alleged, that in addition to the right Of…
1Opinion of the CourtTrumbull, J.
John Talcotl died seised in fee of the land novt' owned by the plaintiff, and also of another piece of land adjoining, through which run a small brook of water. His personal estate proved insufficient to pay all his debts. llezekiah Talcotl, one of his sons and heirs, took administration, and obtained from the General Assembly a power to sell so much of the real estate of said John, as would pay and satisfy the deficiency. In pursuance of that power, he sold to James Arnold in fee, by deed of bargain and sale, the land now owned by the plaintiff, together with a liberty of plowing or digging…
2Cited by7 opinions
- Mitchell v. WarnerSupreme Court of Connecticut · 1825
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Glenn v. AllisonCourt of Appeals of Maryland · 1882
- Smith v. Moodus Water Power Co.Supreme Court of Connecticut · 1868
- Prouty v. MatherSupreme Court of Vermont · 1877
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