Blanchard v. Doering
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. In 1847, Luther A. Cole and others conveyed to one Creen and one Reed, lot 1, block 80 in the village of Watertown, with sixty-four square inches of water for propelling machinery, to be furnished on said lot, “ in a flume or race running from the dam across Rock river above, down to said lot, and to be taken by them [the grantees] from either side of said flume or race, at an opening or openings between the bottom and the…
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APPEAL from the Circuit Court for Jefferson County. In 1847, Luther A. Cole and others conveyed to one Creen and one Reed, lot 1, block 80 in the village of Watertown, with sixty-four square inches of water for propelling machinery, to be furnished on said lot, “ in a flume or race running from the dam across Rock river above, down to said lot, and to be taken by them [the grantees] from either side of said flume or race, at an opening or openings between the bottom and the top of the same: provided no more water be taken at said opening or openings than would be discharged at a point as low…
1Opinion of the CourtCole, J.
This appeal must turn entirely upon the construction which is placed upon the different conveyances. The language in each one of the deeds is essentially the same, for estimating the quantity of water intended to be granted. And it may be stated to be a grant of 150 “ square inches of water for propelling machinery, to be furnished by the said parties of the first part ” on the premises, conveyed “ in a flume or *483race,” and to be taken by the parties of the second part, “ at the sic^ thereof,” “ at an opening or openings between the bottom and top of the same; provided that no more water be…
2Cases cited1 opinion
- Mandeville v. ComstockMichigan Supreme Court · 1862
3Cited by5 opinions
- Janesville Cotton Mills v. FordWisconsin Supreme Court · 1892
- Blanchard v. DoeringWisconsin Supreme Court · 1868
- Appleton Paper & Pulp Co. v. Kimberly & Clark Co.Wisconsin Supreme Court · 1898
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1931
- Dexter Sulphite Pulp & Paper Co. v. Jefferson Power Co.Appellate Division of the Supreme Court of the State of New York · 1917