Hapgood v. Brown
Massachusetts Supreme Judicial Court
Contract for breach of the covenant of warranty in a deed of a grist mill on a stream in Petersham. The defendant’s ancestors, and afterwards himself, had owned continonsly since 1802 the grist mill and also a saw mill situated, as appeared by a plan, on the other bank of the stream, opposite the grist mill.
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Contract for breach of the covenant of warranty in a deed of a grist mill on a stream in Petersham. The defendant’s ancestors, and afterwards himself, had owned continonsly since 1802 the grist mill and also a saw mill situated, as appeared by a plan, on the other bank of the stream, opposite the grist mill. In 1863 the defendant conveyed to David Crockett, by warranty deed, the “ saw mill, with the mill yard and fixtures, privileges and appurtenances, belonging to said mill and yard, together with the stream from said saw mill half way to the grist mill; ” and in 1865 conveyed the grist mill…
1Opinion of the CourtColt, J.
The question to be decided is, whether, upon the facts agreed, Crockett is entitled, under his prior deed from the defendant, to interfere with the water rights warranted to the plaintiff in the defendant’s deed to him.
By the deed of the plaintiff, a grist mill on one side of a watercourse, together with the first privilege of water necessary for running the same as a good grist mill, was conveyed. The phrase “first privilege” must be construed to mean the right to take so much water as is necessary, subject to no vested prior claim.
Originally, the defendant was the owner of the entire…
2Cases cited1 opinion
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
3Cited by3 opinions
- Sargent v. VoughtAppellate Division of the Supreme Court of the State of New York · 1920
- Horne v. HutchinsSupreme Court of New Hampshire · 1901
- Smith v. FordWisconsin Supreme Court · 1880