Isele v. Schwamb
Massachusetts Supreme Judicial Court
Complaint filed December 27, 1879, under the Gen. Sts. c. 149, for flowing with the defendant’s dam a parcel of land in Arlington owned by the complainant since March 24,1879. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court on appeal, on agreed facts, in substance as follows: The respondent is now, and has been for fifteen years prior to the filing of the complaint, the owner of the mill and dam therein described; and…
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Complaint filed December 27, 1879, under the Gen. Sts. c. 149, for flowing with the defendant’s dam a parcel of land in Arlington owned by the complainant since March 24,1879. The case was submitted to the Superior Court, and, after judgment for the respondent, to this court on appeal, on agreed facts, in substance as follows: The respondent is now, and has been for fifteen years prior to the filing of the complaint, the owner of the mill and dam therein described; and during said fifteen years has by his dam caused the water to overflow the land now owned by the complainant. On August 16,…
1Opinion of the CourtLord, J.
The claim of the complainant is based upon an erroneous view of what estate is conveyed by the mortgage deed of Charles F. and Hugo A. Sippell to the Arlington Five Cents Savings Bank, of October 1, 1873. A reference to the agreed facts discloses precisely what that deed conveyed. The respondent for some fifteen years prior to that deed had been the owner of a mill and mill-dam, which mill-dam had held back the waters of the stream across which it was built.so as to overflow the land of the said Sippells. That dam was then, and *339during the whole time had heeú, of the same height at which it…
2Cases cited3 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1878
- Cobb v. FisherMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Isele v. Arlington Five Cents Savings BankMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. AbbottMassachusetts Supreme Judicial Court · 1894
- Brady v. BlackintonMassachusetts Supreme Judicial Court · 1899
- Briggs v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1916