Legal Opinion

Johnson v. Knapp

Massachusetts Supreme Judicial Court

Decided November 30, 1889PublishedCited by 5 opinions

Two ACTIONS OF contract on the covenant against incumbrances in two deeds from the defendants to the plaintiff, each conveying an undivided half of a lot of land in Orange. After the former decision, reported 146 Mass. 70, the cases were tried together in the Superior Court, without a jury, before Barker, J., and were, so far as material, as follows.

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Two ACTIONS OF contract on the covenant against incumbrances in two deeds from the defendants to the plaintiff, each conveying an undivided half of a lot of land in Orange. After the former decision, reported 146 Mass. 70, the cases were tried together in the Superior Court, without a jury, before Barker, J., and were, so far as material, as follows. In 1865 one Carpenter, who then owned the plaintiff’s lot, acquired title to land lying to the west of it, called the Pomeroy lot.' The Emory lot, so called, upon which was a well or spring, was situated northeast of the plaintiff’s lot. At that…

1Opinion of the CourtHolmes, J.

The case as now presented is different from that heretofore passed upon by this court. As the case then appeared, it was consistent with the facts found, and might have been inferred as a conclusion from them, that Carpenter, as owner of the Pomeroy lot, had a right to draw the water from the Emory spring to that lot across his other land, which now belongs to the plaintiff. Johnson v. Knapp, 146 Mass. 70, 75. The court below, without finding that Carpenter had no right to the water, had ruled that the plaintiff’s action could not be maintained; and it was held that that ruling was wrong. If…

2Cases cited3 opinions

  1. Buss v. DyerMassachusetts Supreme Judicial Court · 1878
  2. Oliver v. DickinsonMassachusetts Supreme Judicial Court · 1868
  3. Johnson v. KnappMassachusetts Supreme Judicial Court · 1888

3Cited by5 opinions

  1. Case v. MinotMassachusetts Supreme Judicial Court · 1893
  2. Watson v. FrenchSupreme Judicial Court of Maine · 1914
  3. Cummings v. PerryMassachusetts Supreme Judicial Court · 1897
  4. McSweeney v. CommonwealthMassachusetts Supreme Judicial Court · 1904
  5. Welch v. McEnanyMassachusetts Land Court · 1905

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