Lawrie v. Silsby
Supreme Court of Vermont
Appear in Chancery, Washington County. Heard at Chambers on bill, answer, master’s report, and exceptions thereto1. Start, Chancellor. Decree, pro forma for the orators. The defendants appealed.
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Appear in Chancery, Washington County. Heard at Chambers on bill, answer, master’s report, and exceptions thereto1. Start, Chancellor. Decree, pro forma for the orators. The defendants appealed. The master reported that prior to the year 1854, the then' owners of the property in the Ox Bow District joined together ini laying an aquedpct from the stream at a certain point in the Dawrie lot to their respective farms and buildings, and shared in the expense and ownership thereof, and thereby conveyed water from said stream to said farms and buildings for domestic and farm uses; that said ’farms…
1Opinion of the CourtRowell, C. J.
The orators, who take water by a pipe from a brook on what is called the Rawrie lot, and conduct it to their several nonriparian farms and buildings for domestic and farm uses, have not' thereby acquired a prescriptive right to do so as against the defendants, who' own the riparian land next above the Rawirie lot, called the Hale lot, though the water has been taken long enough in point of time, for the law of this State is, as well as of many if not most of the other states, and of England, that the presumption of a grant from long-continued enjoyment arises only where the person against…
2Cases cited14 opinions
- Arbuckle v. WardSupreme Court of Vermont · 1856
- St. Anthony Falls Water-Power Co. v. City of MinneapolisSupreme Court of Minnesota · 1889
- Norton v. VolentineSupreme Court of Vermont · 1842
- Murchie v. GatesSupreme Judicial Court of Maine · 1886
- Poull v. MockleyWisconsin Supreme Court · 1873
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3Cited by15 opinions
- Pion v. BeanSupreme Court of Vermont · 2003
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1932
- Dernier v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1920
- Evans v. RopteTexas Supreme Court · 1936
10 more not listed; retrieve them via the Exa API.