Forest River Lead Co. v. City of Salem
Massachusetts Supreme Judicial Court
Bill in equity, in the nature of a bill of interpleader, filed January 9, 1883, against the city of Salem and the town of Marblehead, and the respective collector of taxes of each, to determine which of them has the right to assess taxes on a certain parcel of land, with the buildings thereon, situated-on and near the lower bridge on Forest River at its outlet into Salem Harbar, as appears on the following plan, A representing the line as claimed by Marblehead and B the line…
Read the full summary
Bill in equity, in the nature of a bill of interpleader, filed January 9, 1883, against the city of Salem and the town of Marblehead, and the respective collector of taxes of each, to determine which of them has the right to assess taxes on a certain parcel of land, with the buildings thereon, situated-on and near the lower bridge on Forest River at its outlet into Salem Harbar, as appears on the following plan, A representing the line as claimed by Marblehead and B the line as claimed by Salem. The case was referred to a master, who found and reported the following facts. The decision of the…
1Opinion of the CourtHolmes, J.
We see no reason for changing the master’s findings in any way that affects our conclusion. We start, therefore, with the fact that the boundary in question is Forest River. The question left open is whether the line at the lower bridge is the middle of the stream or high or low water mark. The conveyance to Humphrey in March, 1637-8, having been made before the ordinance of 1648, conveyed only to high-water mark. Tappan v. Boston Water Power Co. 157 Mass. 24, 26, and cases cited. It follows that, when in 1648 and 1649 Marblehead was made a town, “ the bounds to be the utmost extent of that…
2Cases cited6 opinions
- Indiana v. KentuckySupreme Court of the United States · 1890
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- Butterfield v. CaverlyMassachusetts Supreme Judicial Court · 1850
- Tappan v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Maley v. Town of FairhavenMassachusetts Supreme Judicial Court · 1932
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1911