Wallace v. Fletcher
Superior Court of New Hampshire
This is an action on the case, for diverting the water from the plaintiff’s mill, in New Boston, from May 1, 1848, to the date of the writ, April 26, 1850. The plaintiff’s evidence tended to show that one L. Lin» coin, under whom he claimed, purchased the land on the south side of the Piscataquog river, in New Boston, bounded by the river, and in 1804 or 1805 erected thereon the gristmill now owned by the plaintiff, and extended his dam across the river to the north bank.
Read the full summary
This is an action on the case, for diverting the water from the plaintiff’s mill, in New Boston, from May 1, 1848, to the date of the writ, April 26, 1850. The plaintiff’s evidence tended to show that one L. Lin» coin, under whom he claimed, purchased the land on the south side of the Piscataquog river, in New Boston, bounded by the river, and in 1804 or 1805 erected thereon the gristmill now owned by the plaintiff, and extended his dam across the river to the north bank. J. McLaughlin then owned the land upon the north side of the river; and there was no evidence tending to show that any…
1Opinion of the CourtBerl, J.
At common law, a title acquired by possession during the period and in the manner prescribed by the law, was called a title by prescription. By the lapse of the requisite time, what was at first a bare possession, becomes a right of property, perfect and indefeasible. Gale & What, on Easements 62.
The doctrine of the common law, as cited by Coke, (Coke’s Litt. 113, b.) from Bracton, (Lib. 2, fol. 51,) substantially agrees with the civil law. “ Both to customs and prescriptions, these two things are incidents inseparable! viz.: possession or usage and time. Possession must have three qualities,…
2Cases cited18 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Miller v. GarlockNew York Supreme Court · 1850
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Eager v. CommonwealthMassachusetts Supreme Judicial Court · 1808
13 more not listed; retrieve them via the Exa API.