Emerson v. Mooney
Supreme Court of New Hampshire
In Equity. Bill against twelve defendants, and it was heard upon bill, answer, and proofs. The substance of the bill and answer sufficiently appears in the opinion of the court. Plaintiff put aqueduct in Joseph Mooney’s land by license. Plaintiff thereby acquired no vested interest in the realty. The license could be revoked, and plaintiff might then enter and take up his pipe. Plaintiff’s property was personal, not real.
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In Equity. Bill against twelve defendants, and it was heard upon bill, answer, and proofs. The substance of the bill and answer sufficiently appears in the opinion of the court. Plaintiff put aqueduct in Joseph Mooney’s land by license. Plaintiff thereby acquired no vested interest in the realty. The license could be revoked, and plaintiff might then enter and take up his pipe. Plaintiff’s property was personal, not real. It was not requisite to pass title to it that it be by deed. The deed of January 20, 1868, is signed by plaintiff alone. It is the only competent evidence of the second…
1Opinion of the Court
Bellows, O. J.
The bill charges that the plaintiff had dug a well on the land of Joseph Mooney, and had laid an aqueduct from it through land of Ichabod Rawlings to the highway, and from thence to plahrtiff’s buildings, to Dudley Barker’s shed, and to a dwelling-house recently occupied by Smith Emerson ; that afterwards, on January 20th, 1844, the plaintiff and said Joseph Mooney made an - agreement by which the said Mooney was to purchase said well and aqueduct of the plahrtiff, and pay him the cost of constructing it, deducting one hundred dollars from the cost, and the plaintiff reserving…
2Cases cited4 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
- Inhabitants of Winthrop v. FairbanksSupreme Judicial Court of Maine · 1856
- Smith v. LaddSupreme Judicial Court of Maine · 1856
3Cited by2 opinions
- Harriman v. ParkSupreme Court of New Hampshire · 1875
- Harriman v. ParkSupreme Court of New Hampshire · 1875