Lawson v. Mowry
Wisconsin Supreme Court
ERROR to the County Court of Winnebago County. This action was brought to recover water rents alleged to be due under two deeds of indenture made December 26, 1857, between Charles Doty, Curtis Reed and Harrison Reed, of the first part, and the defendant, Spencer Mowry, as party of the second part, by which deeds the former demised and let to the latter twelve hundred superficial inches of water, to be taken from a certain canal and to be used on certain lots named in said…
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ERROR to the County Court of Winnebago County. This action was brought to recover water rents alleged to be due under two deeds of indenture made December 26, 1857, between Charles Doty, Curtis Reed and Harrison Reed, of the first part, and the defendant, Spencer Mowry, as party of the second part, by which deeds the former demised and let to the latter twelve hundred superficial inches of water, to be taken from a certain canal and to be used on certain lots named in said deeds for a term of 99 years, renewable forever. The lots named in said instrument were lots 21, 22, 2o and 26, block 1,…
1Opinion of the CourtCassoday, J.
There is no dispute but that Mowry was the owner and in possession of lots 21 and 22, and also lots 25 and 26, at the time of making the leases in question. It is urged with much force in his behalf, that, as the south waterline' of the canal, as completed, was at or nearly coincident with the north line of his lots, as found by the court, he took title, by virtue of the lots, not only to the center of the river, but also to the center of the canal, and therefore had the legal right, as riparian owner, independent of, the leases, to draw from the canal, through his lots, into the river, the…
2Cases cited18 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Parker v. GriswoldSupreme Court of Connecticut · 1845
- Webb v. Portland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1838
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Mott v. . MottNew York Court of Appeals · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- Priewe v. Wisconsin State Land & Improvement Co.Wisconsin Supreme Court · 1896
- Bohn v. AlbertsonCalifornia Court of Appeal · 1951
- Weatherby v. MeiklejohnWisconsin Supreme Court · 1882
- Fox River Flour & Paper Co. v. KelleyWisconsin Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.