Mower v. Hutchinson
Supreme Court of Vermont
The bill, in this case, sets forth, that Mower, one of the orators, on the 3d day of June, 1819, was the owner of an oil mill, on the South branch of Queeche river, in Woodstock, and, as appurtenant thereto, pf a right of flowing a portion of the easterly part of a farm, called the Briggs farm, through which said branch ran, and that the defendant bad knowledge of such ownership ; that, on that day, Mower and defendant agreed to purchase the Briggs farm, upon an…
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The bill, in this case, sets forth, that Mower, one of the orators, on the 3d day of June, 1819, was the owner of an oil mill, on the South branch of Queeche river, in Woodstock, and, as appurtenant thereto, pf a right of flowing a portion of the easterly part of a farm, called the Briggs farm, through which said branch ran, and that the defendant bad knowledge of such ownership ; that, on that day, Mower and defendant agreed to purchase the Briggs farm, upon an understanding to divide the farm between them ; Mower to have the part West of the road leading to the South village in Woodstock,…
1Opinion of the Court
Such other facts, shewn on the hearing, as are material in the case, will sufficiently appear in the opinion of the court delivered by
Williams, Chancellor.
It has been considered, by both parties, necessary to inquire, as to the existence and extent of the right, claimed by the orators, to keep up a dam and thereby overflow the lands of the defendant. The answer of the defendant admits, or rather recognizes a right, in the complainants, to keep up the water to some extent, except between the first day oí May and the first day of the succeeding September, annually, but does not admit any right,…
2Cited by4 opinions
- Fife v. CateSupreme Court of Vermont · 1912
- McKenzie v. McKenzieSupreme Court of Vermont · 1880
- Proctor v. ThrallSupreme Court of Vermont · 1850
- TransCanada Hydro Northeast, Inc. v. Town of Newbury, State of VermontSupreme Court of Vermont · 2017