Odiorne v. Lyford
Superior Court of New Hampshire
Case, alleging that the plaintiff, on the 1st of January, 1832, was seized of a certain mill, and mill privilege, situated in Meredith, and known by the name of the wears mill, and had a right to the use of the river, or outlet from lake Winnepissiogee, to run in its natural channel from said lake, for the use of the mill ; and that the defendant, contriving, &c., erected a dam on the river below the mill, and thereby caused the water to flow back upon the wheels of it,…
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Case, alleging that the plaintiff, on the 1st of January, 1832, was seized of a certain mill, and mill privilege, situated in Meredith, and known by the name of the wears mill, and had a right to the use of the river, or outlet from lake Winnepissiogee, to run in its natural channel from said lake, for the use of the mill ; and that the defendant, contriving, &c., erected a dam on the river below the mill, and thereby caused the water to flow back upon the wheels of it, whereby the mill and mill privilege were rendered worthless and of no value. Plea, the general issue. The plaintiff…
1Opinion of the CourtParker, C. J.
The title derived from Skinner to the plaintiff conveyed one half of a tract of land on the westerly, or Meredith side of the river, with one half of the mill and privilege alleged to be injured by the dam below, built by the defendant. It does not appear from the case when the plaintiff took his deed, but the mill was first built in 1828.
Gordon was formerly owner of the other half, and his deed of Dec. 10, 1831, conveyed that half to the plaintiff, with the exception of what Gordon had previously conveyed by his deed to Batchelder, in August, 1830.
*510By the deed to Batchelder, Gordon conveyed…
2Cases cited7 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Wales v. StetsonMassachusetts Supreme Judicial Court · 1806
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Riverwood Commercial Properties, Inc. v. ColeSupreme Court of New Hampshire · 1994
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844
- Griffin v. BixbySuperior Court of New Hampshire · 1841
- White v. PhelpsSuperior Court of New Hampshire · 1841
- Roberts v. DameSuperior Court of New Hampshire · 1840
1 more not listed; retrieve them via the Exa API.