Davenport v. Town of Danvers

The present plaintiff is the executor of the will of Francis B. Wilkins who prior to his death in 1954 owned three parcels of land in Middleton near Emerson Brook, a nonnavigable stream. The town of Danvers (hereinafter called the town) in 1950, acting under authority of St. 1926, c. 200, purchased from two brothers named Currier land, also in Middleton, situated below the Wilkins lots on the brook. The deed to the town purported also to grant a mill site and dam, together with the mill privileges. The town rebuilt the dam and now uses it to store the winter flow of Emerson Brook, so that it…