Thompson v. Vinton
Massachusetts Supreme Judicial Court
The first case was replevin of a part of a shaft and head gear of a water wheel. The second case was tort for breaking and entering the plaintiff’s close and removing a water wheel therefrom.
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The first case was replevin of a part of a shaft and head gear of a water wheel. The second case was tort for breaking and entering the plaintiff’s close and removing a water wheel therefrom. The two cases were tried together in the Superior Court, before Aldrich, J., who reported the cases for the consideration of this court, in substance as follows : It appeared in evidence that Hiram Purdy was the owner of a tract of land with a mill and mill privilege thereon; that the premises were subject to a mortgage to one James Batcheller, to secure the payment of $600, dated October 27,1870, which…
1Opinion of the CourtDevens, J.
When the new wheel, shaft and head gear were put into the mill, although they were to be paid for by F. E. Vinton and Purdy, who were then copartners, they must be considered as annexed by the mortgagor, Purdy. He was in actual occupation of the premises, and the only title which Vinton had therein was by virtue of his copartnership with him. This annexation was of such a character as to make these articles, as between mortgagor and mortgagee, a part of the freehold, and they were in great part a substitution for articles then removed.
*143It was not in the power of the mortgagor, by any agreement…
2Cases cited1 opinion
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Union Bank & Trust Co. v. Fred W. Wolf Co.Tennessee Supreme Court · 1904
- Coleman ex rel. Smith v. Stearns Manufacturing Co.Michigan Supreme Court · 1878
- Great Western Manufacturing Co. v. BathgateSupreme Court of Oklahoma · 1905
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