Isele v. Arlington Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Contract for breach of the covenants against incumbrances and of warranty in a deed of land from the defendant to the plaintiff. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, upon agreed facts, the material parts of which appear in the opinion.
1Opinion of the CourtDevens, J.
The defendant by warranty deed has conveyed to the plaintiff a certain tract of land, which is flowed or subject to be flowed in part by a mill-dam erected on the stream below. Previous to this conveyance, the former owner of the land had made such a settlement, by an agreement under seal duly recorded, with the owner of the mill, that all subsequent owners of the land then owned by him would be barred from suing for damages under the mill acts by reason of such flowage. Isele v. Schwamb, 131 Mass. 337. The defendant conveyed to the plaintiff with full covenants of warranty, and the question…
2Cases cited2 opinions
- Craig v. LewisMassachusetts Supreme Judicial Court · 1872
- Isele v. SchwambMassachusetts Supreme Judicial Court · 1881
3Cited by9 opinions
- Riverbank Improvement Co. v. ChadwickMassachusetts Supreme Judicial Court · 1917
- Great Hill Lake, Inc. v. CaswellSupreme Court of Connecticut · 1940
- Turner v. NyeMassachusetts Supreme Judicial Court · 1891
- Dickinson v. New England Power Co.Massachusetts Supreme Judicial Court · 1926
- Kenison v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1887
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