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    Wilkins v. Fuller; Smith v. Fuller: 1771–1772; 1770–1778

    From: Adams Papers | Legal Papers of John Adams | Volume 1 | F. Property | Wilkins v. Fuller; Smith v. Fuller: 1771–1772; 1770–1778

    1Editorial Note (Adams Papers)
    Jonathan Wilkins owned a pasture and apple orchard on Mill Brook in Middleton, near the Great Pond. On 10 March 1762, Timothy Fuller erected a dam which on 28 March 1762 and thereafter at intervals until February 1770 caused the stream to overflow part of Wilkins’ land, allegedly damaging his trees and spoiling his grass. For unexplained reasons, Wilkins waited until 1771 before bringing an...
    June 1771 . Wilkins v. Fuller. Trespass on the case for flowing land &c. Motion first day of the term for view by Jury and 4 of them sent. Officer and of each side sent. Wetmore Notes , No. 2, Adams Papers, Microfilms , Reel No. 184. This minute appears in the MS several pages after the minutes of Smith v. Fuller, Doc. III below.
    Deed. Wm. Fuller to Jona. Wilkins. Archelaus Fuller . Known the Place there 30 years. Wilkins mowed the Land, 1 or 2 Years. Orchard, runs down to the Edge of the Brook. The Water used to help the Land. But Fullers Dam and Mill there, immediately flowed this Land of Wilkins’s and flowd over an high Way that we used to pass to Meeting. It flowd up into Wilkins’s an Acre and ½ and round several...
    June 1771 Smith and Wilkins v. Fuller. Bacon Trespass 212. Contin uand o in trespass may be waved and evidence given of any trespass before the action. See 2 Barn ardisto n 120. Trespass for disturbance in freehold; title allow’d to be given in evidence by defendant and Com yn s said that any possession longer than 7 or 8 years was evidence of it. This action is trespass for erecting a dam on...