Wilson v. European & North American Railway Co.
Supreme Judicial Court of Maine
On report. Trespass on Freeze lot. At the April term of S. J. C. 1875, the action was referred to John A. Peters, who met and heard the parties December 13, 1875, and returned into court the following award : “ I find that the plaintiff had a mortgage upon the locus, in full force, when the land was taken by the defendants for the extension of a branch of their railroad track ; but the plaintiff had no actual possession of it till after the damages allowed by the…
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On report. Trespass on Freeze lot. At the April term of S. J. C. 1875, the action was referred to John A. Peters, who met and heard the parties December 13, 1875, and returned into court the following award : “ I find that the plaintiff had a mortgage upon the locus, in full force, when the land was taken by the defendants for the extension of a branch of their railroad track ; but the plaintiff had no actual possession of it till after the damages allowed by the commissioners for the taking were pai i to the mortgager. The mortgage was given to the plaintiff by I). W Freeze, dated May 25,…
1Opinion of the CourtPeters, J.
The question is, whether it is necessary that a mortagee, whose mortgage is recorded, not being in actual possession of the mortgaged premises, should have notice of the pendency of proceedings instituted by a railroad corporation before county commissioners to ascertain the damages of land owners for land taken for the track of its road.
We think a mortagee should be notified and made a party to the proceedings, and that the railroad company takes the risk of a want of notice if none is given. Practically, however, in many eases the necessity of notice is avoided; as where the mortgagee…
2Cases cited6 opinions
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- Russell v. Smith ex rel. PrinceTennessee Supreme Court · 1848
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
- Severin v. ColeSupreme Court of Iowa · 1874
- Kennedy v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Calumet River Railway Co. v. BrownIllinois Supreme Court · 1891
- Liverman v. . R. R.Supreme Court of North Carolina · 1891
- Platt v. BrightNew Jersey Court of Chancery · 1879