French v. Morris
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendant from interrupting the plaintiff and his tenants in the enjoyment of a right to take water from a well on the defendant’s land.
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Bill in equity to restrain the defendant from interrupting the plaintiff and his tenants in the enjoyment of a right to take water from a well on the defendant’s land. At the hearing before Foster, J., the following facts appeared: The Middlesex Company, owning a tract of land on Williams Street and Green Street in Lowell, on March 1, 1841, conveyed in fee simple part thereof, on which there was a dwelling-house and well of water, to Albert Marshall by a deed which contained the following words: “ Reserving nevertheless to said company their successors and assigns, the right of free access at…
1Opinion of the CourtChapman, C. J.
In the conveyance of the Middlesex Company to Marshall, the manifest intent of the grantors was, after granting the right to the water of the well for the reasonable use of the occupants of the dwelling-houses on the granted premises, to reserve the remaining water to the grantors and their assigns in gross. It is contended that such a reservation is void as to the assigns of the grantors. But its validity is established in Goodrich v. Burbank, 12 Allen, 459. The right to take the water may be enjoyed in any reasonable manner, whether by means of a pump or bucket, or otherwise. And the right…
2Cited by9 opinions
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- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
- Percival v. WilliamsSupreme Court of Vermont · 1909
- American Telephone & Telegraph Co. v. McDonaldMassachusetts Supreme Judicial Court · 1930
- Zimmerman v. Union Paving Co.Supreme Court of Pennsylvania · 1939
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