Howard v. Britton
Supreme Court of New Hampshire
Trespass, qu. cl. Facts found, by a referee. September 27, 1859, Joshua N. Newton conveyed to Jonah F. Bent a spring of water in Winchester, with the right of constructing and maintaining an aqueduct in his land to the land and dwelling-house of Bent, a distance of about sixty rods.
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Trespass, qu. cl. Facts found, by a referee. September 27, 1859, Joshua N. Newton conveyed to Jonah F. Bent a spring of water in Winchester, with the right of constructing and maintaining an aqueduct in his land to the land and dwelling-house of Bent, a distance of about sixty rods. Bent constructed the aqueduct, and obtained thereby a supply of water for household purposes until the destruction of his house by fire in 1865. The water was shut off soon after the fire, and no use has since been made of the aqueduct. Bent mortgaged the lot on which his dwelling stood to one Dickinson in 1874.…
1Opinion of the CourtSmith, J.
Newton, in 1859, conveyed by deed to Bent and his heirs and assigns “ a certain spring of water with the land under the same,” and the right of entering upon the land of the grantor for the purpose of constructing and maintaining an aqueduct for conducting water from the spring to Bent’s dwelling-house. The legal construction of the deed is, that Bent thus acquired a title in fee to the spring, and an easement in the soil for constructing’ the aqueduct and keeping it in repair. It is possible that this is not what the parties intended, and that, upon a bill in equity for the reformation of…
2Cases cited7 opinions
- Smyles v. . HastingsNew York Court of Appeals · 1860
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
- Townsend v. . McDonaldNew York Court of Appeals · 1855
- Eddy v. ChaceMassachusetts Supreme Judicial Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Titcomb v. AnthonySupreme Court of New Hampshire · 1985
- Tripp v. Forsaith MacHine Co.Supreme Court of New Hampshire · 1897
- Regan v. HovanianSupreme Court of New Hampshire · 1975