Sewall & Day Cordage Co. v. Boston Water Power Co.
Massachusetts Supreme Judicial Court
Three writs of entry, dated June 14, 1884, to recover adjacent parcels of flats lying in the bed of Muddy River Creek, an arm of the full basin of the Back Bay in Boston. The cases were tried together in the Superior Court, without a jury, before Thompson, J., the only evidence introduced being the report of an auditor to whom the cases were referred. The evidence tended to show the following facts.
Read the full summary
Three writs of entry, dated June 14, 1884, to recover adjacent parcels of flats lying in the bed of Muddy River Creek, an arm of the full basin of the Back Bay in Boston. The cases were tried together in the Superior Court, without a jury, before Thompson, J., the only evidence introduced being the report of an auditor to whom the cases were referred. The evidence tended to show the following facts. The demanded premises were situated between the thread of Muddy River Creek and the marsh on either side of the stream. The demandants in the first two cases were the owners, on the southerly side…
1Opinion of the CourtHolmes, J.
These are three writs of entry, brought to recover three adjacent parcels of flats, bounded by Muddy River Creek, an arm of the full basin of the Back Bay in Boston. The demandants are owners of the upland. The tenants are *64grantees of all the right of the Commonwealth in the flats and channels in the full basin, by a deed dated. December 27, 1856.
1. Portions of the premises lie between the original ordinary and extreme low-water marks. The tenants contend that these portions never belonged to the demandants’ predecessors in title under the ordinance of 1647, and that the words of the…
2Cases cited6 opinions
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Blackwell v. FostersCourt of Appeals of Kentucky · 1858
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- General v. WoodsMassachusetts Supreme Judicial Court · 1871
- Eastern Railroad v. AllenMassachusetts Supreme Judicial Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Iris v. Town of HinghamMassachusetts Supreme Judicial Court · 1939
- Rockwood v. Snow Inn Corp.Massachusetts Supreme Judicial Court · 1991
- Tappan v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1892
- East Boston Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Whitten v. City of HaverhillMassachusetts Supreme Judicial Court · 1910
2 more not listed; retrieve them via the Exa API.