Massachusetts Supreme Judicial Court September 15, 1850 (Ashley v. Ashley)

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United States · · · 15-09-1850

By the Court.

According to the authorities, the right which the plaintiff claims, to have the water from his land run by the ancient watercourse over the defendant’s land, is an easement; and the obstruction of that watercourse is a disturbance of an easement on land, of which, by St. 1840, c. 87, § 1, the court of common pleas has no jurisdiction. Cary v. Daniels, 5 Met. 236 ; Crittenton v.

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