Legal Opinion

Bucklin v. Truell

Supreme Court of New Hampshire

Decided December 15, 1873PublishedCited by 2 opinions

Ca.se, by Moses Buefelin against Hiram Truell and Sumner Truell, for flowage. This cause having been tried by the court under the provisions of ch. 189, secs. 4 and 5, Gen. Stats., the following facts and conclusions of law are reported: At the northerly margin of Grafton pond, so called, in Grafton, is a tract of land, with a saw-mill, mill privilege, and a dam at the outlet of said pond, on said northerly shore.

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Ca.se, by Moses Buefelin against Hiram Truell and Sumner Truell, for flowage. This cause having been tried by the court under the provisions of ch. 189, secs. 4 and 5, Gen. Stats., the following facts and conclusions of law are reported: At the northerly margin of Grafton pond, so called, in Grafton, is a tract of land, with a saw-mill, mill privilege, and a dam at the outlet of said pond, on said northerly shore. More than forty years ago this tract of land, saw-mill, privilege, and dam were owned by Phineas Gage, who also owned a tract of land containing about fifty acres, situated on the…

1Opinion of the CourtSargent, C. J.

The case finds that the dfefendants owned a tract of land, with a saw-mill, mill privilege, and dam thereon, at the outlet of *124Grafton pond, upon the northern shore thereof; that said dam was built in 1818, and has remained unchanged ever since; and that during all the time from 1818 until the time of trial the defendants and their grantors, the owners of the mill for the time being, have been accustomed to use the water in the spring to saw with as they had occasion while the water was plenty, and so until the waters of the springtime had subsided ; and in summer it had been usual for them to…

2Cited by2 opinions

  1. Sandford v. Town of WolfeboroSupreme Court of New Hampshire · 2005
  2. Griffin v. BartlettSupreme Court of New Hampshire · 1875

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