Dow v. Edges
Supreme Court of New Hampshire
In Equity. The plaintiffs own certain water rights in common with the defendants, and pray that the shares of the respective owners may be set out to them. April 24, 1819, Walcott and Cheney owned all the premises and water privileges of all these parties, and on that day conveyed certain land and water for tanning purposes to Henderson, reserving the other water rights. By this conveyance, the defendants, Hunton and the Ladds, have their title.
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In Equity. The plaintiffs own certain water rights in common with the defendants, and pray that the shares of the respective owners may be set out to them. April 24, 1819, Walcott and Cheney owned all the premises and water privileges of all these parties, and on that day conveyed certain land and water for tanning purposes to Henderson, reserving the other water rights. By this conveyance, the defendants, Hunton and the Ladds, have their title. December 29,1819, the same grantors conveyed to Ingram & Field another tract of land, “ with a privilege to take and use the water in and from the…
1Opinion of the CourtAllen, J.
The plaintiffs and the defendant Edes are entitled each to an equal quantity of water. The rights of each owner of an undivided thing extend over the whole and every part of it. 2 Bouv. Law Die. 621. An “undivided half” of a thing involves the idea of another half in common; and the owners of each, in the absence of express limitation, must have equal rights and privileges in the whole, and each owner will be equally affected by any change in the thing undivided. When Durkee granted the half of a sufficiency of water to operate a grist-mill with two run of stones, and a saw-mill with a head…
2Cited by6 opinions
- Fowler v. KentSupreme Court of New Hampshire · 1902
- Nichols v. FernaldSupreme Court of New Hampshire · 1926
- Edes v. Scribner A.Supreme Court of New Hampshire · 1879
- Hutchins v. BerrySupreme Court of New Hampshire · 1907
- Keysar v. CovellSupreme Court of New Hampshire · 1882
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