Flax Pond Water Co. v. City of Lynn
Massachusetts Supreme Judicial Court
Bill in equity, filed November 20,1884, to remove a cloud from the plaintiff’s title. The case was heard on the pleadings, before C. Allen, J., who reported it for the consideration of the full court, and was as follows.
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Bill in equity, filed November 20,1884, to remove a cloud from the plaintiff’s title. The case was heard on the pleadings, before C. Allen, J., who reported it for the consideration of the full court, and was as follows. On, June 9,1876, Stephen H. Tarbell and others conveyed to the plaintiff, by a deed duly recorded, “ all our right, title, interest, and estate in and to the waters of Flax Pond, Sluice Pond, and all the tributaries to the same, and all the dams, sluices, and water-ways connected therewith, situated and being in the town of Lynn, county of Essex, and State of Massachusetts,…
1Opinion of the CourtC. Allen, J.
The plaintiff took its deed in 1876, covering all the grantor’s right, title, and interest in and to the waters of the pond, and all the dams, sluices, and water-ways connected therewith. It is to be assumed that it took possession thereof, as it now claims under the deed, and seeks. to remove a cloud from its title. Being in possession, the tax upon the dam was *33properly assessed to the plaintiff as a tax upon real estate. If, as the plaintiff avers, it never acquired the title to any real estate connected with the waters of the pond, and does not claim the fee in any real estate connected…
2Cases cited4 opinions
- Inhabitants of Cheshire v. County Commissioners of BerkshireMassachusetts Supreme Judicial Court · 1875
- Milligan v. DruryMassachusetts Supreme Judicial Court · 1881
- Pingree v. County CommissionersMassachusetts Supreme Judicial Court · 1869
- City of Fall River v. County Commissioners of BristolMassachusetts Supreme Judicial Court · 1878
3Cited by10 opinions
- City of Lowell v. County CommissionersMassachusetts Supreme Judicial Court · 1890
- Central National Bank v. City of LynnMassachusetts Supreme Judicial Court · 1927
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Essex Co. v. City of LawrenceMassachusetts Supreme Judicial Court · 1913
- Assessors of Lawrence v. Arlington MillsMassachusetts Supreme Judicial Court · 1946
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