Dunklee v. Wilton Railroad
Superior Court of New Hampshire
Case. The first count alleged that the-plaintiff was the owner of a saw-mill and appurtenances, on a certain rivulet or stream in Merrimack, and had a right to the free course of the water in said stream, to and from said mill, without obstruction; that the defendants,-on the 2d of October, 1848, by placing earth, stones and an embankment across said stream, so obstructed and impeded the course of the water in said stream from said mill, as to raise it above its natural…
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Case. The first count alleged that the-plaintiff was the owner of a saw-mill and appurtenances, on a certain rivulet or stream in Merrimack, and had a right to the free course of the water in said stream, to and from said mill, without obstruction; that the defendants,-on the 2d of October, 1848, by placing earth, stones and an embankment across said stream, so obstructed and impeded the course of the water in said stream from said mill, as to raise it above its natural height and produce back water, and have continued said obstructions, and thus, in a great measure, deprived the plaintiff of…
1Opinion of the CourtBell, J.
We take it to be clear that at common law, as between the grantor and grantee, and those claiming under them, every deed conveys the property described in its existing state; that is, as it usually and rightfully is at the time of the execution of the conveyance. Such deed is to be construed in all its parts with reference to the actual, rightful state of the property conveyed at the time of the conveyance, unless some other time is expressly referred to. This position does not require the citation of any authority. No man supposes that when he buys land he has any claim growing out of the…
2Cases cited16 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
- Le Roy v. PlattNew York Court of Chancery · 1833
- Burr v. MillsNew York Supreme Court · 1839
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3Cited by7 opinions
- State v. Innkeepers of New Castle, Inc.Indiana Supreme Court · 1979
- Woolsey v. CarmichaelSupreme Court of New Hampshire · 1977
- Bruchhausen v. WaltonSupreme Court of New Hampshire · 1971
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
2 more not listed; retrieve them via the Exa API.