Kennedy v. Scovil
Supreme Court of Connecticut
This was a bill in chancery for an injunction against the defendants. On the 8th of December, 1836, the time of filing the plaintiffs’ bill, they, as tenants in common with Hezekiah Scovil, one of the defendants, were owners of a certain piece of land in.fche town of Haddam, containing about one acre, and of a ⅞⅛ or manufactory and water privilege thereon ; the plaintiffs cubing two thirds and Scovil one third.
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This was a bill in chancery for an injunction against the defendants. On the 8th of December, 1836, the time of filing the plaintiffs’ bill, they, as tenants in common with Hezekiah Scovil, one of the defendants, were owners of a certain piece of land in.fche town of Haddam, containing about one acre, and of a ⅞⅛ or manufactory and water privilege thereon ; the plaintiffs cubing two thirds and Scovil one third. Adjoining to this on the West, and higher on the stream, was another piece of land containing about half an acre, owned by the defendants, on which they had a mill or manufactory. They…
1Opinion of the CourtBissell, J.
The questions of law growing out of the facts found by the court and reserved for our advice, arise principally upon the deed of the 8th of June, 1832, and the circumstances connected with that conveyance. That clause in the instrument, which is most intimately connected with the questions now before us, and to which our attention has been particularly directed, is in these words: — “Always provided, and this deed is given on condition, that the grantors are to have and retain the privilege of conveying water from said dam, through a conductor, similar to the one now in use, till the same…
2Cases cited1 opinion
- Strong v. BenedictSupreme Court of Connecticut · 1824
3Cited by7 opinions
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- Forrest Milling Co. v. Cedar Falls Mill Co.Supreme Court of Iowa · 1897
- Ring v. WalkerSupreme Judicial Court of Maine · 1895
- Kennedy v. ScovilSupreme Court of Connecticut · 1840
- Bradley v. County of JacksonSupreme Court of Missouri · 1961
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