Jones v. Boston Mill Corp.
Massachusetts Supreme Judicial Court
This was a bill in equity, setting forth, that each party claiming to own in fee simple a certain parcel of the soil of the ancient mill creek, so called, adjoining other lands belonging to them respectively, they made an agreement, in writing, under their respective seals, by which they submitted to the award of L. Shaw, S. Hoar, and W. Sturgis, all matters in controversy in the premises, and agreed that the arbitrators should determine the boundaries between their estates,…
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This was a bill in equity, setting forth, that each party claiming to own in fee simple a certain parcel of the soil of the ancient mill creek, so called, adjoining other lands belonging to them respectively, they made an agreement, in writing, under their respective seals, by which they submitted to the award of L. Shaw, S. Hoar, and W. Sturgis, all matters in controversy in the premises, and agreed that the arbitrators should determine the boundaries between their estates, and that they would execute any deeds of release necessary and proper to give effect to the award ; that after wards…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court This 's a bill in equity praying a decree to enforce the specific performance of an award, made pursuant to a submission by the parties in writing under seal, in the form of an agreement or covenant, with a penalty for the non-performance by either party. The submission, or agreement to submit, relates to a controversy respecting the title and boundaries of a lot of land or flats, situated upon or in the mill pond, and claims of damages which the plaintiff set up against the defendants for the appropriation of part of the land for streets, for…
2Cited by1 opinion
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