Paine v. Woods
Massachusetts Supreme Judicial Court
Complaint filed December 3, 1869, under the mill act, Gen, Sts. c. 149, for the overflowing of “a certain tract of land of the complainant, situate in the town of Needham and bounded and described as follows, viz.: Beginning at the southeast corner, by the Boston and Worcester Railroad and by land of Enoch B. Winch; thence running northerly by land of said Winch to Broad’s Pond, so called; thence easterly and northeasterly on said pond (crossing the stream) to land of heirs…
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Complaint filed December 3, 1869, under the mill act, Gen, Sts. c. 149, for the overflowing of “a certain tract of land of the complainant, situate in the town of Needham and bounded and described as follows, viz.: Beginning at the southeast corner, by the Boston and Worcester Railroad and by land of Enoch B. Winch; thence running northerly by land of said Winch to Broad’s Pond, so called; thence easterly and northeasterly on said pond (crossing the stream) to land of heirs of Ephraim Stevens ; thence southerly on land of said Stevens heirs to the aforesaid railroad; thence westerly on said…
1Opinion of the CourtWells, J.
This is a complaint for flowage under the mill
act. The complainant is the mortgagor in possession of the land flowed. The mortgage was given before the erection of the dam of the respondents. The mortgagee has never entered or taken any steps towards foreclosure. The ground of defence is, that the complaint cannot be maintained by the mortgagor without joining the mortgagee. The respondents insist that, as the mortgagee will not be bound by the judgment, they will be exposed *162to the risk of making double compensation for the same injury, if these proceedings are maintained.
This objection is…
2Cases cited8 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- City of Boston v. RichardsonMassachusetts Supreme Judicial Court · 1870
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
- Ham v. City of SalemMassachusetts Supreme Judicial Court · 1868
- Stark v. CoffinMassachusetts Supreme Judicial Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Stewart v. . TurneyNew York Court of Appeals · 1923
- Wood v. FowlerSupreme Court of Kansas · 1882
- Brookville & Metamora Hydraulic Co. v. ButlerIndiana Supreme Court · 1883
54 more not listed; retrieve them via the Exa API.