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DAVENPORT v. DANVERS

332 Mass. 580 (1955)

126 N.E.2d 530

FRANK B. DAVENPORT, executor, vs. TOWN OF DANVERS.

Supreme Judicial Court of Massachusetts, Essex.

May 2, 1955.

Attorney(s) appearing for the Case

James A. Liacos, for the plaintiff.

Williams B. Sullivan, Jr., Town Counsel, for the defendant.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

WILLIAMS, J.

These are appeals from an interlocutory decree sustaining a demurrer to a bill in equity and from a final decree dismissing the bill. Since the commencement of the suit the original plaintiff has died and the appeals are now prosecuted by his executor. It is alleged in the bill that the plaintiff owned land in Middleton and the defendant adjacent land to the south; that in 1950 the defendant caused a dam and...

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