Farrar v. Stackpole
Supreme Judicial Court of Maine
This was trover for a mill-chain, dogs, and bars; and was tried before Weston J. upon the general issue. The plaintiffs claimed title to the property under a deed from the defendant to Asa Red-ington, and from him to them, conveying a saw-mill, with the privileges and appurtenances; and they proved that the chain, dogs and bars, were in their appropriate places when the deeds were made; and that the chain was attached by a hook to a piece of a draft-chain, which was fastened…
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This was trover for a mill-chain, dogs, and bars; and was tried before Weston J. upon the general issue. The plaintiffs claimed title to the property under a deed from the defendant to Asa Red-ington, and from him to them, conveying a saw-mill, with the privileges and appurtenances; and they proved that the chain, dogs and bars, were in their appropriate places when the deeds were made; and that the chain was attached by a hook to a piece of a draft-chain, which was fastened to the shaft by a spike. As the chain in question was prepared for being hooked and unhooked at pleasure, the Judge…
1Opinion of the Court
Weston J.
delivered the opinion of the Court.
If the chain in question passed as a constituent part of the mill, the plaintiffs have made out their title, and have a right to judgment on the verdict. A considerable portion of the machinery and power of a mill, like that conveyed by the defendant, is designed to be applied to draw up logs into the mill; which is essential to'the operation of one of this construction. It is not denied that other parts of the machinery, intended for this purpose, go with the mill; but it is insisted that the chain is of the nature of personal property, and…
2Cited by8 opinions
- Ledyard v. HibbardMichigan Supreme Court · 1882
- Bangor-Hydro Electric Company v. JohnsonSupreme Judicial Court of Maine · 1967
- Boise-Payette Lumber Co. v. McCornickIdaho Supreme Court · 1919
- Metropolitan Life Ins. v. JensenSouth Dakota Supreme Court · 1943
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
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