Johnson v. Knapp
Massachusetts Supreme Judicial Court
Two ACTIONS OF contract. The declaration in each case alleged that the defendants, who were the heirs of Levi Gage, had, by a deed dated December 28,1880, and acknowledged on December 31, 1880, conveyed an undivided half of a lot of land to the plaintiff; that each deed contained a covenant against incumbrances ; and that the owners of other lots, named Williams, Pomeroy, Flint, and Clark, had each the right “to take and carry water from and through said land to his…
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Two ACTIONS OF contract. The declaration in each case alleged that the defendants, who were the heirs of Levi Gage, had, by a deed dated December 28,1880, and acknowledged on December 31, 1880, conveyed an undivided half of a lot of land to the plaintiff; that each deed contained a covenant against incumbrances ; and that the owners of other lots, named Williams, Pomeroy, Flint, and Clark, had each the right “to take and carry water from and through said land to his dwelling-house by means of one or more pipes, and to enter upon said land and repair said pipes when necessary so to do,” which…
1Opinion of the CourtW. Allen, J.
This is an action on the covenant against incumbrances in deeds of land from the defendants to the plaintiff. The declarations' allege a right in each of the owners of four dwelling-houses to take and carry water to his house from and through the land by means of pipes, and to enter upon the land to repair the pipes. When the deed was given, an aqueduct or pipe led from a well or spring on the Emory lot through what was called the Williams lotto the land conveyed to the plaintiff, and through and beyond that through the Flint lot and tiie Clark lot to the dwelling-house upon the Pomeroy lot,…
2Cases cited3 opinions
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- Philbrick v. EwingMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Sullivan v. DonohoeMassachusetts Supreme Judicial Court · 1934
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
- Davis v. SikesMassachusetts Supreme Judicial Court · 1926
- Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
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