BERGERON v. FORGER

No. 1517.

214 A.2d 85 (1965)

Roger H. BERGERON and Betty J. Bergeron v. Paul FORGER, Margaret J. Forger and Charles M. Emerick and Eleanor E. Emerick.

Supreme Court of Vermont. Washington.

October 5, 1965.


Attorney(s) appearing for the Case

M. Martin Leinwohl, Barre, for plaintiff.

McKee & Clewley, Montpelier, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


SMITH, Justice.

This is an equity proceeding. The plaintiffs claim the right to take water from an aqueduct leading from a spring located on the lands of the plaintiffs, but admittedly owned jointly by the defendants. Plaintiffs claim they are entitled to the water (1) by virtue of a certain deed or license, and (2) by virtue of an oral license granted to them by the defendant, Paul A. Forger. Injunctive relief is sought against the defendants from interfering with...

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