The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1827-10-17

claimed title under the levy of an Execu
ton on the land as property of the Mort
gagee-the material facts being that The
Assignee of the mortgage had not record
ed his deed of Assignment, until after the
making and registry of another deed from
the Mortgager to the Mortgage, convey
ing the land "under the incumbrance" oil
the same mortgage nor until after the
land was attached as the property of the
! Mortgagee-the Court decided that, by
the attachment and subsequent levy of the
Execution, the creditor acquired valid IL
| tie against the Assignee of the mortgage
unless he had actual notice of there having
been an assignment-and the action was di-
rected to stand for trial to ascertain that
fact. 1t was commended for the Assignee,
that, independent of the fact of actual no
tee his title was valid against the creditor
OF Mortgage, because the Mortgagee, 1.-THE
mortgage not having been foreclosed, new
er had any estate in the land liable to at
tachment, and so an Assignment by him,
whether recorded or not, could not affect
the interests of creditors and because, al
so, the (second) deed from the Mortgager
to the Mortgage, by means of which the
creditor had acquired his title, such as it
was,) was, by the terms of it sufficient no
tlce, to any person claiming title under it.,
that the mortgage was an existing dncunl-
brdnce and therefore outstanding and I'M
discharged in the hands of some Assignee.
But the Court decided otherwise.
An important point was decided as to
the construction of the Statute giving to
mill owners the right of flowing lands. 1t
has been heretofore supposed, and in cases
involving important rights the opinion has
been practised upon, that the right to flow,
under the statute did not extend to cases
where dams have been erected, and lands
flowed, for the purpose of making reser-
voirs to collect water to be let down into
the mill-pond in a season of drought. But
IN case, at this term, in which the ques-
ton was distinctly presented, the Court de-
clded that such dam was protected by
Statute and that the remedy therein pre-
scribed is the only remedy for person in
juIed, whether by the flowing above the
dam, or by sudden inundation on land be-
low the dam, caused by letting down the
water faster than the natural flow of the
stream.
A case of some interest, relative to the
rights of creditors and sureties on promis-
sorry notes, was argued but not decided
In the course of the argument, however,the
Court minated that they had heretofore
decided, that surety was not discharged
from his liability merely by reason of the
creditors having neglected to sue the prin-
cipal debtor after being requested SO to do
by the surety.
A question was referred to the Court,
whether the fact of an agreement, between
the vender and vendee of certain personal
property, to keep the sale secret, was in
itself such fraud as to render the sale
void. The Court decided that it was not
that it was merely matter in evidence to
shew fraud.
In case relating to mortgaged Real
Estate, the Court had occasion to decide
that the Right, which debtor has to re-
deem Right in Equity sold on Execu-
ten, may be mortgagsd by him, although it
Is not by law liable to be attached; and that,
after such a mortgage, the Right in
Equity to redeem the Right so mortgaged
IS liable to attachment. and may be sold
on Execution. 1t follows, we suppose,
that,npon such a sale of this second Right in
Equity, there would still remain a right
which might also be mortgaged, and then
there would spring up another e Right in
Equity" liable to attachment, and to sale
on Execution-and so on, ad infnitum
In an action, brought as upon promise to
recover the value of certain timber-trees
cut, without right, on the Plaintiffs land,
the Court held that, under the count for
money had and received, the Plaintiff
might recover the value of so much of the
timber as was worked up in the making of
a wagon which the Defendant had sold
and received the money for.
PoLITIcAL. The election returns from Del
aware and Maryland are even more favorable
tothe Administration, than they were supposed
to be last week. In Delaeoare, it appears by
the cficial returns, that Kensey Johns, IT, the
Administration candidate, has a majority of
725 votes. Taoo-thir6's Of the members, elect
ed to the State Legislature are friendly to the
Administration. Electors of President are
chosen by the Legislature. In .HaryIand the
new Legislature is composed Of forty-nine mem
bers in favor of the Administration, and hirty-
one opposed. In sixteen counties and one city
majorities were given in favor of the Admins
tration, and in three counties and one city, only
against it. If the Adams party had adhered to
one set of candidates, they would have elected
sinty-str, and the Jackson party but fourteen.
ct the Boston Statesman very gravely assures
its readers that 4" there has been a great gain
for Jackson in Maryland !!
In Philadelphia there has been an animated
contest for the choice of Representative to
Congress The event was considered very
doubtful but it has resulted in the election of
John Sergeant, one of the ablest men in the
country, and strong friend to the Administra-
ton, by majority of 1877 votes With such
an acquisition in the House, the transfer of
Webster to the Senate will be less felt than it
otherwise would have been.
The official returns of the late election in
kentucky have been published, from which it
IL.