De Witt v. Harvey

Bigelow, J.*

The bill in the present case is brought under the provisions of St. 1854, c. 74, by which jurisdiction in equity is given to this court to compel the division of mill privileges and wTater rights in which several persons are interested as joint tenants, tenants in common or otherwise. The parties to the suit are owners of the entire water power and mill rights situated on the Nashua River in the towns of Groton and Pepperell at the place described in the bill; and both use the same dam and draw water from the same pond. As the pleadings put in issue the title of the plaintiff, as…