Isbell v. Mills
Massachusetts Supreme Judicial Court
Bill est equity, filed in the Superior Court on November 6, 1912, by the owners of certain land on West Main Street in North Adams through which flowed a stream called Sherman Brook, a natural watercourse emptying into the Hoosac River, against the Greylock Mills, a corporation, alleging that the defendant unlawfully diverted by a pipe t)he waters of the brook for the purpose of supplying its mill and other property with water, and praying (1) for an injunction to restrain…
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Bill est equity, filed in the Superior Court on November 6, 1912, by the owners of certain land on West Main Street in North Adams through which flowed a stream called Sherman Brook, a natural watercourse emptying into the Hoosac River, against the Greylock Mills, a corporation, alleging that the defendant unlawfully diverted by a pipe t)he waters of the brook for the purpose of supplying its mill and other property with water, and praying (1) for an injunction to restrain the defendant from diverting the waters of the brook, (2) to restrain the defendant from using or maintaining its pipe…
1Opinion of the CourtBbaley, J.
The defendant, while admitting that it haé appropriated the water as alleged in the bill, justifies the alleged conversion under a grant which confers the right at least during the lives of the grantors Diana F. Rice, formerly Diana F. Sherman, and Charles E. Sherman, tenants for life under the will of Russell Sherman, who died seised of the farm through which the brook runs. The tenants however having died, the life estates fell in, and the plaintiffs who derive title to the land under Leroy C. Sherman, the only son of Charles, in whom the remainder would vest by the terms of the will,…
2Cases cited16 opinions
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
- Langley v. ChapinMassachusetts Supreme Judicial Court · 1883
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- Lund v. City of New BedfordMassachusetts Supreme Judicial Court · 1876
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3Cited by6 opinions
- Amory v. CommonwealthMassachusetts Supreme Judicial Court · 1947
- Donovan v. City of HaverhillMassachusetts Supreme Judicial Court · 1923
- Daley v. DaleyMassachusetts Supreme Judicial Court · 1938
- Kuklinska v. Maplewood Homes, Inc.Massachusetts Supreme Judicial Court · 1957
- Tramonte v. ColarussoMassachusetts Supreme Judicial Court · 1926
1 more not listed; retrieve them via the Exa API.