Davis v. Spaulding
Massachusetts Supreme Judicial Court
Tort, for the alleged diversion of water from a well. The writ was dated September 4, 1891. Trial in the Superior Court, without a jury, before Richardson, J., who ruled, as matter of lawr, that on the facts, if proved, the plaintiff could not recover, and found for the defendant, and reported the case for the determination of this court. If the ruling was correct, final judgment was to be entered for the defendant; otherwise, a new trial was to be ordered.
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Tort, for the alleged diversion of water from a well. The writ was dated September 4, 1891. Trial in the Superior Court, without a jury, before Richardson, J., who ruled, as matter of lawr, that on the facts, if proved, the plaintiff could not recover, and found for the defendant, and reported the case for the determination of this court. If the ruling was correct, final judgment was to be entered for the defendant; otherwise, a new trial was to be ordered. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The conveyance to the plaintiff was of land on which was a dwelling-house then occupied by her, and this clause immediately followed the description of the land: “together with the privilege of drawing water from a pipe laid in the ground from a well on my adjoining land to said Davis house as now used.” The conveyance was a quitclaim deed, with habendum of “ the granted premises, with all the privileges and appurtenances thereto belonging,” and with a covenant *433to warrant and defend against the lawful claims and demands of all persons claiming by, through, or under the maker of the deed. It…
2Cases cited10 opinions
- Chatfield v. WilsonSupreme Court of Vermont · 1855
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Roath v. DriscollSupreme Court of Connecticut · 1850
- Phelps v. . NowlenNew York Court of Appeals · 1878
- The Village of Delhi v. . YoumansNew York Court of Appeals · 1871
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3Cited by19 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Ryan v. QuinlanMontana Supreme Court · 1912
- Tinker v. BesselMassachusetts Supreme Judicial Court · 1912
- Edwards v. HaegerIllinois Supreme Court · 1899
- King v. ChamberlinIdaho Supreme Court · 1911
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