Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-12-22

section IL, Originally Public Laws
1874, chapter 1879 In all civil actions
the writ may be amended by inserting
additional plaintiffs. or by striking out
one or more plaintiffs where there
are two or more and the court may
impose reasonable terms"
8. That the statute does not permit
the substitution of one sole plaintiff
for another, and therefore this amend
ment should not have been allowed.
4. That r. S. chapter "a, section
10, providing that no process or pro-
ceeding in courts Of justice shall be
abated, arrested or reversed, for want
of form only or for circumstantial
errors or mistakes, which are by law
amendable, when the person and case
can be rightly understood" does not
apply to the change of parties.
5. That under that section mis-
nomers may be corrected, but the dis
tinction between cases Of misnomers
and of a substitution of parties like
that bar is that the former state the
wrong name of the right party. while
the latter state the right name of the
wrong party.
Writ of error sustained with costs.
Judgment reversed.
Received December 18th, 1914.
Franklin County.
Wilton Wooden Company, In Equity,
VS.. G. H. Bass & Company. G. H.
Bass & Company. In Equity, VS.. Will
ton Wooden Company. Rescript,
Cornish, J.
In bills in equity brought to deter
mine the respective rights of the
three owners of the water power de-
veloped by q dam at the outlet II
Wilson Lake in the town of Wilton, it
is
Held
/. That all these rights became
united in one F. ]. Geodspeed, and he
is the admitted source Of title under
whom the three present owners claim.
2. That under the deed from Good
speed to G. r. and Gardner G. Fern
aid dated November IL. 1898, the
grantees were given a sufficient guam
tity of water from the canal through
a pen stock to supply a water wheel
not venting over one hundred square
inches Of water.
8. That this grant to Fernald was
unlimited and unrestricted, and has
the priority over the power remaining
at that time in Goodspeed. the grantor,
or in his Successors in title.
A. That under the same deed {
restriction was imposed upon Good
speed, his heirs and assigns, whereby,
when the water in the pond should
fall below four and one half feet from
the top of the dam, Goodspeed could
not use more than one hundred square
inches. This is subject to the Fernald
Priority of one hundred square inches.
So that, at that head, both could not
use Jointly more than two hundred
square inches; and IL the quantity is
less than that, Fernald is entitled 20
one hundred square inches and Good
speed (now Bass & Coz to the bal
ance, up to one hundred square inches.
5. That Goodspeed conveyed the
balance Of the real estate and water
rights to the Wilton Wooden Company
on January Is, 1903, the Wooden Com i
pany thereby succeeding to his rights
and being bound by his limitations.
6. That under the deed from the
Wooden Company to Bass 6 Company.
dated September IS, 1908, the Wooden
Company conveyed not their entire
water rights except what We're re-
served in the deed itself. but carved
out a second and limited portion from
the original Goodspeed ownership,
leaving the residue in itself uncon-
veyed. s