Wilder v. Clough
Supreme Court of New Hampshire
[ TRESPASS, by Wilder & Co. against Levi Clough, for flowing the plaintiffs’ land and throwing back-water upon it, and injuring the plaintiffs’ mills, filling up his raceway and impeding his wheels, &c. Writ dated March 30,1872. The plaintiffs owned and occupied a mill-dam and privilege on Squam river in Ashland, and the defendant owned and occupied another mill, dam, and privilege on the same river, immediately below that of the plaintiffs.
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[ TRESPASS, by Wilder & Co. against Levi Clough, for flowing the plaintiffs’ land and throwing back-water upon it, and injuring the plaintiffs’ mills, filling up his raceway and impeding his wheels, &c. Writ dated March 30,1872. The plaintiffs owned and occupied a mill-dam and privilege on Squam river in Ashland, and the defendant owned and occupied another mill, dam, and privilege on the same river, immediately below that of the plaintiffs. In the year 1847, one Joseph Shepard owned the land and privilege which the plaintiffs now own, but there was no mill or dam on it at that time; and one…
1Opinion of the Court
The deed under which the defendant claims contains these words: "said Shaw to have the privilege of flowing said tract up to the said ash tree."
The Squam river runs in a direction nearly west at this place towards the Merrimack. There are upon it two mill privileges, — one owned by the plaintiffs, and one owned by the defendant, — the defendant claiming under the above mentioned deed from Shepard to Shaw, and the plaintiffs claiming under a deed from Shaw to Shepard. The dividing line between the two privileges, as fixed by these deeds, was a continuation of the east side line of the tract of…
2Cases cited3 opinions
- Odiorne v. LyfordSuperior Court of New Hampshire · 1838
- Burnham v. KemptonSupreme Court of New Hampshire · 1860
- Gilman v. TiltonSuperior Court of New Hampshire · 1830