Randall v. Latham
Supreme Court of Connecticut
Bill in equity, to compel the specific performance of an agreement of the respondent with the petitioners’ grantor with regard to water from the respondent’s raceway for the petitioners’ mill; brought to the Superior Court in Wind-ham county.
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Bill in equity, to compel the specific performance of an agreement of the respondent with the petitioners’ grantor with regard to water from the respondent’s raceway for the petitioners’ mill; brought to the Superior Court in Wind-ham county. The respondent was the owner of a water privilege on a stream known as Round Brook, with a grist mill and raceway leading to the same, and, on the 20th of April, 1855, took from one Hiram Thomas a conveyance of a tract of thirty acres adjoining his mill, the grantor remaining the owner of a factory a little below on the same stream. The deed from Thomas…
1Opinion of the CourtPark, J.
In the deed from Thomas to the respondent the
grantor reserved from the premises conveyed the right to draw a certain quantity of water at all times when the respondent or his successor should not be using sufficient water for-the accommodation of the factory below. The grant- or owned a factory below the mill deeded to the respondent, and the reservation was for the benefit of that factory. There is a provision in the deed in connection with the reservation that the respondent and his successor should keep a spout ten inches square at the bottom of the ditch leading to his grist mill to which…
2Cases cited4 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Eaton v. WhitakerSupreme Court of Connecticut · 1846
- Townsend v. WardSupreme Court of Connecticut · 1858
- Hinsdale v. HumphreySupreme Court of Connecticut · 1843
3Cited by17 opinions
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- Birdsey v. KosienskiSupreme Court of Connecticut · 1953
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
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