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action agreement alleged amount appear assignment assumpsit Atlas Bank attachment authority bank bill Boston canal Capen cargo charter cited claim common law Commonwealth Concord river contended contract conveyance conveyed Court covenant creditors Crehore damages debts deed defendants delivered demand district eminent domain entitled equity erected evidence execution facts franchise freight fund grant held Ibid incumbrances indorsed inhabitants intended interest judgment jury land lease legislature liable marriage Mass ment Merrimack river Middlesex Canal mill Mill Corporation moiety mortgage Nahant nonsuit North Bridgewater notice object opinion owner paid parish parties payment personal estate petitioner Pick plaintiff promissory note prove purchase purpose question rail road corporation real estate received recover rent Revised Stat river Russell seisin settlement Shaw C. J. South Cove statute Sudbury river tenant term thereof tion town trustees verdict vessel vote warrant witness