Phillips v. Watuppa Reservoir Co.
Massachusetts Supreme Judicial Court
Petition, filed November 14,1901, in the Court of Registration, to register the title of the petitioners as tenants in common of a tract of land which before St. 1861, c. 187, was a part of Tiverton in the State of Rhode Island, on the Quequechan or Fall River, between the Watuppa Ponds and the dam of the respondent, in that part of the city of Fall River which formerly was the town of Troy.
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Petition, filed November 14,1901, in the Court of Registration, to register the title of the petitioners as tenants in common of a tract of land which before St. 1861, c. 187, was a part of Tiverton in the State of Rhode Island, on the Quequechan or Fall River, between the Watuppa Ponds and the dam of the respondent, in that part of the city of Fall River which formerly was the town of Troy. In the Court of Registration Davis, J. made a decree ordering registration of the petitioners’ title subject to the easement claimed by the respondent. The petitioners Phillips and Slade alleged…
1Opinion of the CourtKnowlton, C. J.
This is a petition by three tenants in common to register their title to a tract of land on the river between Watuppa Ponds and the dam of the respondent in Fall River. The Court of Registration found and ruled that the land is subject to an easement in favor of the respondent to flow the property to a specified depth, which easement precludes filling the land by the owners of the soil. A decree for the petitioners was entered, subject to this easement, and the petitioners excepted to certain rulings and refusals to rule touching the existence and nature of the easement. The petitioner…
2Cases cited4 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Watuppa Reservoir Co. v. City of Fall RiverMassachusetts Supreme Judicial Court · 1883
- Watuppa Reservoir Co. v. MackenzieMassachusetts Supreme Judicial Court · 1882
- Inhabitants of Stockbridge v. Inhabitants of West StockbridgeMassachusetts Supreme Judicial Court · 1817
3Cited by3 opinions
- Brown v. Alabama Power CompanySupreme Court of Alabama · 1963
- ButrickMassachusetts Supreme Judicial Court · 1904
- Hughes v. BoyerWashington Supreme Court · 1940