Watkins v. Peck
Superior Court of New Hampshire
In Equity. The bill alleged that the plaintiffs, George Watkins, William Buffum, Walton Mead, William Gage, and Sarah S. Bellows, were owners and occupants, severally, of messuages in Walpole village ; — that they, and those under whom they claim, have for forty years been entitled to the water running in a certain aqueduct, from the farm of the late Benjamin Bellows, across the main street in the village, and across a piece of land now owned by the defendant, Philip Peck,…
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In Equity. The bill alleged that the plaintiffs, George Watkins, William Buffum, Walton Mead, William Gage, and Sarah S. Bellows, were owners and occupants, severally, of messuages in Walpole village ; — that they, and those under whom they claim, have for forty years been entitled to the water running in a certain aqueduct, from the farm of the late Benjamin Bellows, across the main street in the village, and across a piece of land now owned by the defendant, Philip Peck, with an old dwelling-house thereon, to the messuages of the plaintiffs; subject to the incumbrance of supplying the…
1Opinion of the CourtParker, C. J.
The plaintiffs set up a right to have the water run from a spring on land formerly owned by Benjamin Bellows, through the land of the defendant, to the several houses occupied by them, and to keep in repair an aqueduct for that purpose. They produce no title deeds granting to them the waters of the spring, or the right of conveying it through the land of others ; but they rely upon an uninterrupted usage, of themselves and those whose estates they have, to take it in a certain manner, for the term of more than twenty years, as evidence of a grant, or title ; and they claim the right to…
2Cases cited3 opinions
- Morse v. ChildSuperior Court of New Hampshire · 1834
- Runlet v. OtisSuperior Court of New Hampshire · 1820
- Bullen v. RunnelsSuperior Court of New Hampshire · 1820
3Cited by3 opinions
- Wells v. PierceSuperior Court of New Hampshire · 1853
- Wallace v. FletcherSuperior Court of New Hampshire · 1855
- Winnipissiogee Lake Co. v. WorsterSuperior Court of New Hampshire · 1854