Tibbetts v. Horne
Supreme Court of New Hampshire
Bill in Equity, for an injunction against a severance of a steam-boiler, smoke-stack, engine, and 'fixtures from a bobbin mill. Facts agreed. Waterhouse & Frost bought the machinery of the defendant, and gave him a chattel mortgage of it to secure the payment of the purchase-money. Afterwards, and before June 20, 1887, they affixed it to their mill in the usual manner.
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Bill in Equity, for an injunction against a severance of a steam-boiler, smoke-stack, engine, and 'fixtures from a bobbin mill. Facts agreed. Waterhouse & Frost bought the machinery of the defendant, and gave him a chattel mortgage of it to secure the payment of the purchase-money. Afterwards, and before June 20, 1887, they affixed it to their mill in the usual manner. June 20,1887, they hired money of the plaintiff, and secured the loan by a mortgage of the land and mill and the machinery in the mill, the plaintiff having no knowledge of the chattel mortgage. When the defendant took his…
1Opinion of the CourtDoe, C. J.
“ There is no principle of public policy to be sub-served by fostering the claim of one man to the enjoyment and exercise of a right and interest in and over the real estate of another, at variance with the record title and apparent ownership. But, on the other hand, the policy of the law of this state is, that the public records . . . should show the true slate of the titles. . . . Whatever may be the rights or the nature of the interest in respect to such property [buildings and other structures placed by A on land of B] as between the -original parties to the contract, ... it seems to be…
2Cases cited9 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Prince v. CaseSupreme Court of Connecticut · 1835
- Mott v. . PalmerNew York Court of Appeals · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Frost v. SchinkelNebraska Supreme Court · 1931
- Union Bank & Trust Co. v. Fred W. Wolf Co.Tennessee Supreme Court · 1904
- Boeringa v. PerryWashington Supreme Court · 1917
- Phillips v. NewsomeCourt of Appeals of Texas · 1915
- W. J. Savage & Co. v. MayfieldTennessee Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.