Magoon v. Harris
Supreme Court of Vermont
Appeal from the court of chancery, Caledonia county. The bill alleged, that on the 1st day of October, 1864, the orator Magoon, and one Flint, purchased of the defendant a certain piece of land (describing it), situate upon the north side of Portland street, in St. Johnsbury, and that the defendant’s deed of said land contained the following grant: “ Also, I hereby grant the said Flint and Ma-goon the privilege of taking water from springs on the west side of my farm,…
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Appeal from the court of chancery, Caledonia county. The bill alleged, that on the 1st day of October, 1864, the orator Magoon, and one Flint, purchased of the defendant a certain piece of land (describing it), situate upon the north side of Portland street, in St. Johnsbury, and that the defendant’s deed of said land contained the following grant: “ Also, I hereby grant the said Flint and Ma-goon the privilege of taking water from springs on the west side of my farm, sufficient to supply the buildings to be erected on said land, with the privilege and right of entering upon my farm and…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The rights of these parties involved in this case, are to be determined upon the effect of the deed of the defendant to Magoon and Flint. There is no question but that parol evidence is admissible, and proper to be considered, to ascertain all the circumstances of situation and condition of the subject of the grant at the time the grant was made, in order that what there was that could be granted may be 'seen, and then the grant be read to find exactly what, by its terms, was granted. The evidence shows that living water came by natural flow…
2Cited by8 opinions
- West v. McDonaldOregon Supreme Court · 1913
- Clement v. Rutland Country ClubSupreme Court of Vermont · 1920
- Town of Holliston v. Holliston Water Co.Massachusetts Supreme Judicial Court · 1940
- Gring v. Sinking Spring Water Co.Superior Court of Pennsylvania · 1898
- Cilley v. BaconSupreme Court of Vermont · 1915
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