Hill v. Shorey
Supreme Court of Vermont
Bill in Chancery. The orator alleges in the bill that he, on the first day of April, 1866, was the owner of about twenty acres of land in St. Johnsbury, situated on Caledonia street, on which land was a dwelling-house in which he then resided ; and also on said land was a valuable spring of water on the east side of said street, and about twenty rods from the dwelling-house, situated on the west side of said street, which spring of water was carried by an aqueduct to said…
Read the full summary
Bill in Chancery. The orator alleges in the bill that he, on the first day of April, 1866, was the owner of about twenty acres of land in St. Johnsbury, situated on Caledonia street, on which land was a dwelling-house in which he then resided ; and also on said land was a valuable spring of water on the east side of said street, and about twenty rods from the dwelling-house, situated on the west side of said street, which spring of water was carried by an aqueduct to said dwelling-house, and all run into a barrel or tub standing on the west side of'said house ; the waste water then running on…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The right of the orator to maintain this bill of complaint depends upon the rights of the parties under the deed ■executed by the orator to the defendant, Charles Shorey, April 2, 1866. The deed in question contains the following reservation, namely : “ Reserving the right of taking all the waste water as it now runs into the tub on said premises by aqueduct, to the lot formerly owned by J. Prescott, with the right and privilege of digging up and repairing the same at any time by paying all damage which it may be to the premises.” The bill…
2Cases cited1 opinion
- Paddock v. JonesSupreme Court of Vermont · 1868
3Cited by4 opinions
- Percival v. WilliamsSupreme Court of Vermont · 1909
- Lawrie v. SilsbySupreme Court of Vermont · 1904
- Trudeau v. FieldSupreme Court of Vermont · 1897
- Webb v. LairdSupreme Court of Vermont · 1886