Elting v. Clinton Mills Co.
Supreme Court of Connecticut
Assumpsit, brought to the Superior Court in New London county and tried on the general issue closed to the court. The following facts were found by the court. On the 30tli day of August, T864, one Amasa L. EEyde, who was then the owner of a tract of land in the town of Norwich, conveyed to the defendants, then known as the Elting Woolen Company, the right to flow the land in question by raising a mill-dam belonging to them to a designated height.
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Assumpsit, brought to the Superior Court in New London county and tried on the general issue closed to the court. The following facts were found by the court. On the 30tli day of August, T864, one Amasa L. EEyde, who was then the owner of a tract of land in the town of Norwich, conveyed to the defendants, then known as the Elting Woolen Company, the right to flow the land in question by raising a mill-dam belonging to them to a designated height. The„ deed, which was executed by Hyde only, contained the following provision: “ And it is hereby understood and agreed that the said Elting Woolen…
1Opinion of the CourtCarpenter, J.
On the 13th day of August, 1864, Amasa L. Hyde conveyed to the defendants, by deed poll, an easement in certain land owned by him. The deed contained this provision—“ And it is hereby understood and agreed that the said Elting Woolen Company” (the name of the defendants’ corporation at that time) “ shall remove the present river-wall some eight or ten feet easterly, on to a new line, as I, the said Amasa, may direct, and shall rebuild the same in a workmanlike manner the distance of one hundred and ninety-two feet, and shall also remove the earth lying between the old wall and the new wall,…
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