Runnels v. Bullen
Superior Court of New Hampshire
A. granted to B. by deed one half of a mill dam, with the privilege of taking the water from any part of tlie half gtanted ; it was held that the deed passed the right to the use of one half of the water only, and that case aright be ed against the grantee ior taking more tiran one half the water to tire injury oí the grantor Case for opening sluice ways in a certain dam in Turkey river, in Concord, and diverting the water from the plaintiff’s mills.
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A. granted to B. by deed one half of a mill dam, with the privilege of taking the water from any part of tlie half gtanted ; it was held that the deed passed the right to the use of one half of the water only, and that case aright be ed against the grantee ior taking more tiran one half the water to tire injury oí the grantor Case for opening sluice ways in a certain dam in Turkey river, in Concord, and diverting the water from the plaintiff’s mills. The cause was tried here at September term, 1822, upon tbe general issue, and a verdict taken for the defendant, subject to the opinion of the…
1Opinion of the CourtWoodbury, J.
The deed to Frye, under which the defendant claims, purports to convey to him “ the northerly “ half of the mill dam” in dispute, and also “ the privilege *534« 0f taking the water from any part of the said norther' j “ half of the mill dam for the use ami benefit of said / Vue, “ his heirs and assigns.” Under this grant, the defi ndant contends for a right totally to destroy the north half of the mill dam, of to draw water from it for his use in any quantities, in any manner, or at any period of time.
On the contrary, the plaintiff contends, that every thing, which passed under the grant was a…
2Cases cited5 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Platt v. Johnson & RootNew York Supreme Court · 1818
- Colburn v. RichardsMassachusetts Supreme Judicial Court · 1816
- Carver v. MillerMassachusetts Supreme Judicial Court · 1808
- Ingles v. BringhurstSupreme Court of the United States · 1788
3Cited by4 opinions
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- Dunklee v. Wilton RailroadSuperior Court of New Hampshire · 1852
- State v. CanterburySuperior Court of New Hampshire · 1854
- Woolsey v. CarmichaelSupreme Court of New Hampshire · 1977