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    F. Property

    From: Adams Papers | Legal Papers of John Adams | Volume 1 | F. Property

    1Editorial Note (Adams Papers)
    Although there was no court of equity in provincial Massachusetts, the law courts were able to develop the real estate mortgage into an effective and flexible instrument of finance. In the usual transaction the mortgagor gave the mortgagee an obligation in the form of a bond or note for the amount borrowed; this obligation was secured by the mortgage itself, a deed to the mortgaged premises in...
    Humbly petitioning showeth Timothy Prout of Scarborough in the county of Cumberland Esqr. 1. That well and true it is that the said Timothy on the said tenth of December A.D. 1753 became bound unto the said Christopher Minot in the sum of two hundred pounds lawfull money of this province conditioned to pay the sum of one hundred pounds like money with lawfull interest on or before the tenth of...
    Fitch . 2 Vernon 539. 540. Payment to Obligee, after Notice of an Assignment is not good. The Assignee alone is entituled to the Money. Choses in Action are assignable in Equity, ’tho not in Law. Jones’s Reps. Page 223. 223. Lewis vs. Wallis. Tho the Action must be in the Name of Assignor, yet it is considered in Equity and even in Law, as the Property of the assignee. The real Interest in the...
    4Editorial Note (Adams Papers)
    This case and Nos. 18–19 and 20–21 reflect some of the legal problems arising from the dependence of the New England economy on running water as a source of industrial power. They fall into two categories: defendant either blocked a running stream entirely or so diverted the flow as to diminish the amount available to plaintiff; or defendant caused the stream to overflow plaintiff’s land....
    Mr. Adams . The grass was good till it was pastured and the bushes grew up; if the mill had not been built, his neglect would have filld up the natural Course and spoil’d the Meadow. Why did not he bring his action in the time of it? He has no damages for what he bought 5 years ago. The fall of water. I knew a meadow. Duke of Bridgwater’s Cannel. Paine Law Notes . The writ alleged the flooding...
    Keens Witnesses. Ed. Thomas . Known Georges Meadow 30 Years. Carted the Grass 2 Years. It was a very good Piece of fresh Meadow. I went in with a full Team without miring. Last August I saw it. The Meadow very much altered. The Meadow wet. Ditching and clearing the Brook could not wholly prevent the Damage. Wm. Cox . Deposition. Vid. Elisha Barker . Both Sides lay open to a Pasture 7 Years....
    7Editorial Note (Adams Papers)
    The litigation arising from Samuel Clap’s will is illustrative of two very important features of the Massachusetts system of distributing decedents’ estates: the necessity that wills be executed under conditions of capacity and formality similar to those required in English law; the interaction and conflict between the Province probate court system and the courts of common law in dealing with...
    Samuel Clap Testator, left a Grandson Michael Clap, Son of the Eldest Son of the Testator, whose Name was Michael Clap, deceased. William Clap, the oldest Son Living dis Sarah Randall Widow of Samuel Randal deceased who left by her, four Children, 2 Sons and 2 Daughters, the Names Samuel, Mary, Sarah and Elijah. William Clap the Eldest son living. Disinherited. Samuel Clap, the Executor, and...
    9Editorial Note (Adams Papers)
    In England the probate of wills of personalty was within the jurisdiction of the ecclesiastical courts, although many related questions, both of administration and distribution, had to be tried at law or in equity. The ecclesiastical courts had no power over wills of realty, because the common law claimed exclusive jurisdiction of title questions. Such wills were proved only if an action at...
    Lex Test., Page 576. Stephens vs. Gerard, 1. Sid. 315. Page 571, Sackville vs. Brown. Page 576, Chadron v. Harris, Noy 12. Leonard . Zechh. Daman . In the latter Part of his Life, he seemed not so capable, intosticated and Passionate. Good Ideas. Bezaliel Curtis . A good deal of Judgment once. He seemed to be in a hurry, a fury, &c. I did not look upon him the Man he used to be. One time he...