Vaugh v. Wetherell
Massachusetts Supreme Judicial Court
Complaint for flowing lands under the mill act, Gen. Sts. c. 149. At the trial in the Superior Court before Bacon, J., the complainant introduced evidence that on November 18, 1867, he obtained title to the premises described in the complaint by a warranty deed from the Washburn and Moen Manufacturing Company, and that the land described in the complaint was flowed by the dam of the respondent, for the entire period of three years prior to the filing of the complaint, that…
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Complaint for flowing lands under the mill act, Gen. Sts. c. 149. At the trial in the Superior Court before Bacon, J., the complainant introduced evidence that on November 18, 1867, he obtained title to the premises described in the complaint by a warranty deed from the Washburn and Moen Manufacturing Company, and that the land described in the complaint was flowed by the dam of the respondent, for the entire period of three years prior to the filing of the complaint, that is, from May 26, 1870, to May 26, 1873. The respondent put in evidence that on said November 18, the complainant gave…
1Opinion of the CourtWells, J.
That a mortgagor is entitled, exclusively, to the damages to the land caused by flowing while he is in possession, was decided in Paine v. Woods, 108 Mass. 160. It follows inferentially, if not necessarily, from that decision that his right ceases when possession is taken from him by the mortgagee. From that time the mortgagee becomes entitled to recover and receive the damages. But the mortgagor is not thereby deprived of his right to past damages suffered while he was in possession; and may maintain proceedings under the mill act for their recovery, notwithstanding the fact that his right…
2Cases cited1 opinion
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- Goodrich v. Board of CommissionersSupreme Court of Kansas · 1891
- Morse v. WhitcherSupreme Court of New Hampshire · 1888
- Chamberlain v. JamesMassachusetts Supreme Judicial Court · 1936