Legal Opinion

Wyman v. Farrar

Supreme Judicial Court of Maine

Decided July 1, 1852PublishedCited by 2 opinions

On Exceptions from Nisi Prius, Tenney, J. presiding. Case, for diverting water from plaintiff’s tannery. Jonathan Farrar owned the water power and mill privileges upon a stream in Dexter. He there built a dam and upon one shore of the stream he erected and conducted a tannery with its bark mill, fulling stocks and roller, driven by water wheels.

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On Exceptions from Nisi Prius, Tenney, J. presiding. Case, for diverting water from plaintiff’s tannery. Jonathan Farrar owned the water power and mill privileges upon a stream in Dexter. He there built a dam and upon one shore of the stream he erected and conducted a tannery with its bark mill, fulling stocks and roller, driven by water wheels. In 1834, he conveyed to one Baker the land opposite to the tannery upon the other shore, “ together with the privilege of drawing water from the dam on the premises, sufficient to carry a turning lathe and other necessary machinery for the chair…

1Opinion of the CourtRice, J.

— This case comes before us on exceptions and on a motion for a new trial on the ground of newly discovered evidence.

Jonathan Farrar was the owner of the entire estate now owned by the plaintiff and defendants, concerning which the controversy has arisen. Oct. 11, 1834, said Farrar conveyed to one Baker a piece of land opposite his tannery with certain rights of water. The deed to Baker contains certain reservations for the benefit of the grantor. The defendants now represent Baker, and the plaintiff Jonathan Farrar, as he stood immediately after his deed was made to Baker. The rights of the…

2Cases cited1 opinion

  1. Case v. HaightCourt for the Trial of Impeachments and Correction of Errors · 1829

3Cited by2 opinions

  1. De Wolfe v. KupersOregon Supreme Court · 1923
  2. Connor v. AndersonIndiana Court of Appeals · 1937

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