Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1896-08-10

dressing of leather, provided that at all times said
water shall not be used for any other purpose, nor
to the injury of privileges granted heretofore for
! other purposes; which said right TO draw water
from said dam, in said deed, conveyed to said Her
bert his heirs and assigns forever, said list above
described right being referred to as the tanning
| right And further representing that afterwards,
| on the 9th day of February, 1914, said Hartman
conveyed said saw-mll and premises connected
Herewith to Elijah Cleveland by quit claim deed
described follows A Il right and title that have
in the following lands in the township Of Coventry
in said County described follows: All that part
of lot No 107 that lies on the west side of the
! road leading to Troy, said last above described
premises being hereinafter referred to as the saw
mill premises.
And further representing that the said grist-mill
premises conveyed by the said Calvin Hartman and
D. w. Hartman to said Cleveland 81 Co., were sub
sequently conveyed by said Elijah Cleveland to T..
Dailev and by the administrator of IL. DALEY TO
+ @. r. Daley. and by G. II. Daley TO H. Il. Field,
/ and by b. b. Field the same was mortgaged to S.
Lane, who obtained decree of foreclosure of the
and which decree became absolute, and after
said decree became absolute said Lane conveyed
the to the said defendant Carissa Field, and
| the said ClarlSsa Field conveyed by mortgagc
deed said premises to defendant, George B. Young,
and afterwards quit-claimed the said premises TO
defendant Osman Field; bnt your Orator is inform
ed and believes that said Clarlssa Field still has
4 interest in said premises so conveyed by her, bur
/ the nature and character OF which is unknown 20
! HIM. And representing that the Orator is Informed
and believes that the said Albert L. Field has
interest in said premises last above mentioned, the
/ character and extent of which is unknown him.
And further representing that the starch factory
premises conveyed by said Calvin Hartman TO Elijah
/ Cleveland, by deed April g. 1885, was by said
Cleveland conveyed to said AIdrich and Burbank,
I by deed containing the following condition: Pro-
vided, nevertheless, that the said Aldrich & Bur
bank, their heirs and assigns shall ut all times he
holden and bound to pay one-twentieth part of the
expense of all repairs on the dam, of building
new dam should it become necessary. And If at
any time they shall refuse neglect to pay
above provided, then this deed to become null and
void. And subsequently the said premises
conveyed by Burbank and Williams to the defend
ant, George ID. Waworth, who is now the owner
thereof. And further representing that the said
tannery right conveyed by the said Calvin Hartman
to B. T. Herbert, June II, 1912, was by the admin
lstratnr of SAID y. Herbert conveyed to the Or
ator, July ), 1881 who still the owner thereof.
And further representing that the said saw-mil
premises conveyed by said Calvin Hartman Eli
iah Cleveland by omit claim deed on February 4,
1914, was by said Cleveland conveyed to e. H. Tay-
Tor and by said Taylor to Henry Hayes. by deed
dated April q. 1874, which said deed cor tains 4
condition following: Hayes agrees TO do nne-twen-
teths Of the expense OF keeping the dam across the
river at the head of aforesaid mill. And said prem
ises were conveyed by said Henry Hayes to Bur-
/ bank e. Williams, July 10, 1882, and the was
George ID. Walworth who is the owner at the pres
ent time And your Orator refers to all said deeds
and records thereof as part Of his bill of com
plant, certified comics of hch he brings into
Court ready to be produced.
And the Orator insists and AYERS that bv virtue
of the deed from Calvin Hartman the common
source from whence all these rights sprang,
TO the said Herbert of the tannery rights, all Of
whose rights the Orator succeeds, that he, his
heirs and assigns should enjoy these rights ar
implied covenant arose on the part of the common
grantor that there should forever thereafter be kent
and maintained dam substantially like the one
existing the time of said grant, from which said
Herbert, his heirs and signs could take water as
provid' q in said covenant that, as said grant Of
said tannerv right to take water out of said dam
was grant of an easement in the premises and
water right of said Hartman then owned by him in
said Coventry consisting of said saw mill prems
the right to make the of the starch factory
contribute one-twentieth of the expense of Keeping
said Jam in repair and the right TO make the
of the grist mill contribute one. half of the expense
OF keeping said dam in repair, said saw-mill prem.
Grist-mill premises and starch factory premls-
es became hardened with said easement, and bound
to keep said dam in repair in such manner said
Herbert, his heirs executors, administrators and
assigns forever thereafter might fully ENJOY the
rights and privileges conferred by said deedto him
from said Calvin Harmau.
And further ring that after said tannery rights
were conveyed TO the Orator, and while he was the
owner thereof, and after said saw-mill and starch
factory conveyed TO the said George ID, WAL
worth, and while he was the owner thereof and az
Ter SAID grist-mil was conveyed to said Clarissa
on the goth day ofJone, 1895, said dam having be
come ruinous and out of repair, the said Orator
having given notice 70 said owners of said saw-mill
grist- ml and starch factory premises that said dam
was ruinons and out of repair and that in conse-
quence thereof he, the said Orator, was unable 10
to draw water theretrom in fun and ample amount
n he had right % do under his said deed. and
sli'l owner> being fully aware of the condition
Of sal dHin aud that said Orator WAS unable 10
raw water he eirom, aforesaid, bur negccting
and fusing 10 repair said dam, entered upon said
dam as h- said Orator, has right to dn. aud cx-
pended in repairs upon said dam, thar time in
money and labor. the sum of S39.74, which had /
never heen paid him bv said owners Of said grst
MILL min and starch factory premise althonph
the same has often been demanded nf th.,n but
they have ever refused and peg ect~d n 10 -,
pay part thereof.
And the Orator further shows that at the slime of
making said repairs the same necessary. ANA |
were mae that he said Orator might as. the water
in his dam as he had right under his said dred -
saw-ml. grsiill. and the starch factory would net
make them.
And further represents that on the 10Th lav OF June
1888 saii dam was so ruinous and our of repair that
the water held back ov The same aud tIirii and /
there gave way and entirely hrohc down. aud /
consequence thereof became unable 10 draw any wa /
ter tirr"fom. OK ia any way to enjoy the right
81 said "a is+.ln saw.niu and starch factor, mrsn
ises and requested them to rebuild said dam, and |
put the stins in such condition that he might draw
the water therrilon he had right TO do. but the /
said owner OF Tie said saw-m ard starch factory
premises. The defendant George u. Walworth, Who'll
" refused 20 40 or 20 m anF way assist III fehnlding
the same. bat the said owner OF the said grist-nill
premises. the defendant clarissa Field consented to
oear her pt"pnrtioa of SAID expense IN rebuilding
said dam and thereupon entered nto an agreement
with vonr orator SO to do.
And further averring that after the making Of the
agreement with sad defendant Clagissa Field. the
Dor and that anon thar x,ense he has received only
the Of one hundred and hitynine dollars and 10
cents, being money paid bv said defendant Carissa
of slii dam leaving due the Orator for said
ton and said repairs the sam OF l2 b. and interest
on the same from September l. 1885, to the present
Aud further averrag that since the erection and
the repairs OF said dam he has repeatedly demanded
payment of said defendant. ClsIissa Frid. bu She
mas refused ana Stlii refuses 10 dA YOUR orator
her share of the expense erecting said dam any
part thereof. except what She paid 10 laborcls on
said dam > aforesaid
And farther averdng that the said 'arssa Field is
ot i 8 & sn due from her, p' on n y
count the erection OF said dam aud said repairs
and that he has no remedy 10 'he same eX-
cent through the Court OF ChauceFy. AMI further
avrrli'ia til although he has demanded OF the de-
PENDANT. George - Walworth. the due from him
the erection and repairs If sad dam, he has
refused aad neglected. 10 pay the And pray
ing that the end therefore that the said defend
al.ts mas answer the several matters and things
hcrei s.ore stated fully and particularly as II
thew herein again repeated aud they
thrreiluto specially Intercepted. and that an ac-
tilt he taken the debt aforesaid dnc 10
t- Orator. and the same apportioned the expense
aforrstit FOR the repairs aud erection tine
the saNeral nNmers sail