Converse v. Ferre
Massachusetts Supreme Judicial Court
This action was brought to recover from the defendants a sum of money, expended by the plaintiff in repairing a dam across a stream, of which four fifth parts were claimed and used by the defendants, they having a saw-mill and grist-mill carried by said stream, and the plaintiff having a blacksmith’s shop, with a trip-hammer, and other works, moved by the same stream.
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This action was brought to recover from the defendants a sum of money, expended by the plaintiff in repairing a dam across a stream, of which four fifth parts were claimed and used by the defendants, they having a saw-mill and grist-mill carried by said stream, and the plaintiff having a blacksmith’s shop, with a trip-hammer, and other works, moved by the same stream. At the trial of the cause, which was had, upon the general issue, before the present chief justice, April term, 1813, it was proved by the plaintiff that, the dam being out of repair, he and the defendant Ferre began to repair…
1Opinion of the CourtParker, C. J.
Notwithstanding the defendants were the owners, as tenants in common, of four fifths of the dam and stream referred to in the action, yet it appears that they did not use the property in common, but that each used and occupied his share or interest separately. Ferre and Wallis were no otherwise tenants in common than was the plaintiff, Converse, with them.
At common law, no action lies by one tenant in common, who has expended more than his share in repairing the common property against the deficient tenants; and for this reason our legislature has provided a remedy applicable to mills, a…
2Cases cited1 opinion
- Carver v. MillerMassachusetts Supreme Judicial Court · 1808
3Cited by8 opinions
- Calvert v. AldrichMassachusetts Supreme Judicial Court · 1868
- Carver v. MillerMassachusetts Supreme Judicial Court · 1808
- Cooper v. BrownSupreme Court of Iowa · 1909
- Wheeler v. WheelerMassachusetts Supreme Judicial Court · 1872
- Chapman v. EamesSupreme Judicial Court of Maine · 1877
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