Mills v. Taunton Savings Bank
Massachusetts Supreme Judicial Court
Tort for the conversion of certain cotton machinery. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal on agreed facts, in substance as follows. On December 16, 1884, the plaintiff corporation became the owner of an estate, consisting of land with a cotton mill and other buildings thereon and of an adjacent water privilege, by which together with steam power the mill was run.
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Tort for the conversion of certain cotton machinery. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal on agreed facts, in substance as follows. On December 16, 1884, the plaintiff corporation became the owner of an estate, consisting of land with a cotton mill and other buildings thereon and of an adjacent water privilege, by which together with steam power the mill was run. This estate was conveyed to the plaintiff, subject to a mortgage made in 1876 by the plaintiff’s predecessor in title to the first named defendant, which…
1Opinion of the CourtKnowlton, J.
This case' is submitted on an agreed statement of facts; and, since the burden of proof is on the plaintiff, there must be judgment for the defendants unless the facts stated establish the plaintiff’s title.
There is some conflict of authority, in different jurisdictions, in regard to the question when machines placed in a building become fixtures which pass with a conveyance of the real estate. In this Commonwealth the general principles applicable to such cases have often been considered, and are well established; but there is frequently difficulty in the application of them to particular…
2Cases cited14 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Cunningham & Co. v. CuretonSupreme Court of Georgia · 1895
- Hamilton Manufacturing Co. v. City of LowellMassachusetts Supreme Judicial Court · 1931
- Stone v. LivingstonMassachusetts Supreme Judicial Court · 1915
- Danville Holding Corp. v. ClementSupreme Court of Virginia · 1941
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
67 more not listed; retrieve them via the Exa API.