Swift v. Inhabitants of Falmouth
Massachusetts Supreme Judicial Court
Bill isr equity, to enforce specific performance of a covenant in an agreement. Hearing before Holmes, J., who, at the request of the parties, reported the case for the consideration of the full court; such decree to be entered as equity might require. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The plaintiffs seek by this bill in equity to compel the defendant to cause the waters of Coonamesset Pond to flow freely into Parker’s Pond. Coonamesset Pond is a great pond, and, so far as the report upon which the case comes before us shows, had no outlet; but in 1842 a passageway, called Dutchman’s Ditch, was built by the defendant, connecting the waters of this pond with a natural stream called Dexter's River, which flowed into Parker’s Pond, and thence into Factory Pond. Both of the last named ponds are owned by the plaintiffs, and in 1846 were owned by the predecessors in title of the…
2Cases cited14 opinions
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
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3Cited by4 opinions
- Waters v. BonvouloirMassachusetts Supreme Judicial Court · 1899
- Ducey v. Inhabitants of WebsterMassachusetts Supreme Judicial Court · 1921
- Rogers v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1902
- Rogers v. Board of Sup'rsAppellate Division of the Supreme Court of the State of New York · 1902