Clement v. Rutland Country Club
Supreme Court of Vermont
Appeal in Chancery. Bill to establish the respective rights of the parties in a water system supplying both. Heard on bill, answer, defendant’s cross bill, plaintiff’s replication thereto, and Chancellor’s findings of fact at the September Term, 1917, Rutland County, Fish, Chancellor. Decree for the plaintiff. The defendant appealed. The opinion states the case. A prescriptive right cannot arise from a license. Sanson v. McCue, 42 Cal. 303,10 Am.
Read the full summary
Appeal in Chancery. Bill to establish the respective rights of the parties in a water system supplying both. Heard on bill, answer, defendant’s cross bill, plaintiff’s replication thereto, and Chancellor’s findings of fact at the September Term, 1917, Rutland County, Fish, Chancellor. Decree for the plaintiff. The defendant appealed. The opinion states the case. A prescriptive right cannot arise from a license. Sanson v. McCue, 42 Cal. 303,10 Am. Rep. 299; Taylor v. Gerrish, 59 N. H. 569. An easement enjoyed by the dominant estate cannot be severed and -granted by itself to a third party.…
1Opinion of the CourtPowers, J.
This is a suit in chancery brought to establish the respective rights of the parties in a water system which supplies both. They trace their titles to a common owner, the late Redfield Proctor. In 1867; Senator Proctor owned a farm lying on both sides of the highway now known as Grove Street, in the city of Rutland. The dwelling house then occupied by him and his family and now owned and occupied by the plaintiff is on one side of this street, and the farm house, now owned and occupied by the defendant as a club house, is on the other. The defendant’s golf links are also on that side of Grove…
2Cases cited6 opinions
- Barber v. BaileySupreme Court of Vermont · 1912
- Perrin v. GarfieldSupreme Court of Vermont · 1864
- Sowles v. MinotSupreme Court of Vermont · 1909
- Lawrie v. SilsbySupreme Court of Vermont · 1904
- Magoon v. HarrisSupreme Court of Vermont · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Helen Shooting Club v. MogleMichigan Supreme Court · 1926
- Evans v. RopteTexas Supreme Court · 1936
- Kelly v. Alpstetten Association, Inc.Supreme Court of Vermont · 1973
- Village of Brattleboro v. YauveySupreme Court of Vermont · 1928
- Thomas v. ClarkSupreme Court of Vermont · 1975
3 more not listed; retrieve them via the Exa API.