Horne v. Hutchins
Supreme Court of New Hampshire
Bill in Equity. Hearing before Young, J., at the March term, 1902, of the superior court, “ to determine to what extent and in what manner, as to preference or otherwise, water was actually and usually used at the box factory, October 26, 1872, and prior thereto,” as required by the former opinion of the court in this case.
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Bill in Equity. Hearing before Young, J., at the March term, 1902, of the superior court, “ to determine to what extent and in what manner, as to preference or otherwise, water was actually and usually used at the box factory, October 26, 1872, and prior thereto,” as required by the former opinion of the court in this case. Horne v. Hutchins, 71 N. H. 128, 137. The defendant excepted to the exclusion of certain deeds and leases of the box factory, offered for the purpose of showing what rights were actually attached to the box factory on the date in question. The defendant requested the court…
1Opinion of the CourtRemick, J.
In Horne v. Hutchins, 71 N. H. 128, it was settled that in the deed of Cate to Hodge & Remick, Cate “ adopted the physical state of the property at the date of the Hersey, Thompson & Co. deed [October 26,1872], and the extent and manner of the use made of the water at that time in connection with the box factory, as the standard for measuring the rights and privilege conveyed by him.” By this construction, it became immaterial what rights Cate or his grantors had previously assumed to convey or lease, or what rights they might have conveyed or leased had they seen fit to do so. Having adopted…
2Cases cited1 opinion
- Horne v. HutchinsSupreme Court of New Hampshire · 1901
3Cited by1 opinion
- Hutchins v. BerrySupreme Court of New Hampshire · 1907