Ranlet v. Cook
Supreme Court of New Hampshire
In Equity. The bill alleges that the plaintiff was, and for a long time had been, possessed of a certain mill-privilege on Perley canal (so called), in Laconia, on the Winnipiseogee river; that he holds said privilege by virtue of a certain indenture, dated September 5, 1848, made between the Winnipiseogee Lake Cotton and Woolen Manufacturing Company and the plaintiff, wherein said company demised and leased unto the plaintiff the right to draw water from the lower end of…
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In Equity. The bill alleges that the plaintiff was, and for a long time had been, possessed of a certain mill-privilege on Perley canal (so called), in Laconia, on the Winnipiseogee river; that he holds said privilege by virtue of a certain indenture, dated September 5, 1848, made between the Winnipiseogee Lake Cotton and Woolen Manufacturing Company and the plaintiff, wherein said company demised and leased unto the plaintiff the right to draw water from the lower end of said canal, for the use of two wheels of the kind invented by Alvah Tucker, and of four feet diameter, to have and to…
1Opinion of the CourtSargent, J.
The evidence shows that both parties derived their title by lease from the Lake Company, and both leases are similar; one giving to the plaintiff the right to draw water for two wheels of a certain description, and the other giving to the defendant the right to draw water for one wheel, and neither lease is in terms made subject to the other. The plaintiff claims the right first to draw water for his two wheels, and that, when the water is low, he is entitled to his supply first; while the defendant claims that he is entitled to an equal share, and an equal right to draw water for his wheel…
2Cited by3 opinions
- American Press Co. v. City of St. LouisSupreme Court of Missouri · 1926
- Rutledge & Taylor Coal Co. v. Mermod, Jaccard & King Jewelry Co.Missouri Court of Appeals · 1922
- B. M. R. R. v. P. D. R. R.Supreme Court of New Hampshire · 1876