Boston Manufacturing Co. v. Burgin
Massachusetts Supreme Judicial Court
Petition, under Gen. Sts. c. 184, § 49, to compel a claimant to try the title to an easement. The petition alleged that the Boston Manufacturing Company, for the purpose of operating its mills in Waltham, maintained across Charles River a dam and flash-boards, by which the water of the river was made to flow a parcel of land that was described in the petition ; that the corporation claimed to be seised in fee of the easement of so flowing the land, to the extent to which it…
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Petition, under Gen. Sts. c. 184, § 49, to compel a claimant to try the title to an easement. The petition alleged that the Boston Manufacturing Company, for the purpose of operating its mills in Waltham, maintained across Charles River a dam and flash-boards, by which the water of the river was made to flow a parcel of land that was described in the petition ; that the corporation claimed to be seised in fee of the easement of so flowing the land, to the extent to which it could be flowed by the water of the river, raised to the effective height to which the dam and flash-boards in good…
1Opinion of the CourtWells, J.
This petition is brought under the St. of 1873, c. 178, which provides that “ any person who is in the enjoyment of an easement shall be held to be in possession of real property, within the meaning and for the purposes of section forty-nine of chapter one hundred and thirty-four of the General Statutes.”
The purpose of this statute was manifestly not to change the interpretation of the General Statutes, or the rules of proceeding under them, which had been adopted by the courts; but to bring another class of interests in real estate within the same provisions for the quieting of titles. The…
2Cases cited4 opinions
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Morse v. MarshallMassachusetts Supreme Judicial Court · 1867
- Tisdale v. BrabrookMassachusetts Supreme Judicial Court · 1869
- Bowditch v. GardnerMassachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Marshall v. WalkerSupreme Judicial Court of Maine · 1900
- Chickering v. YatesSupreme Judicial Court of Maine · 1980
- May v. New England RailroadMassachusetts Supreme Judicial Court · 1898
- Davenport v. Town of DanversMassachusetts Supreme Judicial Court · 1957
- Smith v. LibbySupreme Judicial Court of Maine · 1906