Hutchins v. Berry
Supreme Court of New Hampshire
Bill in Equity, to determine the gristmill right, so called, to water for power at the Pickering dam on Smith’s river in Wolfe-borough. Transferred from the June term, 1901, of the superior court by Wallace, C. J. May 2, 1855, Elphronzo G. and Sarah D. Colby, who were the «owners of the whole privilege at the Pickering dam, conveyed the ¡same, excepting the gristmill privilege. The plaintiff claims under the exception, and the defendants under the grant in the deed.
1Opinion of the CourtParsons, C. J.
The deed of the Colbys to Thompson, May 2, 1855, conveyed the whole of the Pickering mill privilege, “excepting the privilege of drawing and using water for gristmill . . . whenever there may be water in-the stream- or mill-pond for that purpose, it being understood that said gristmill is to use the water for running the machinery now in the same and any other additional machinery which may be put into the same or any other gristmill which may be substituted therefor, in preference to any ■other mills or machinery upon said privilege.” It is found that •“ the amount of business done and the…
2Cases cited1 opinion
- Horne v. HutchinsSupreme Court of New Hampshire · 1901
3Cited by1 opinion
- Hutchins v. BerrySupreme Court of New Hampshire · 1907