Cherry v. Arthur

*788The opinion of the court was delivered by

Stiles, J.

Respondent Sherman made to respondents Cherry and Partes a mortgage of certain real estate, “together with the sawmill, machinery, out-buildings, appurtenances and fixtures of any and all kinds belonging to the same.” Among the machinery in the mill was a planer, which was bolted to the floor in such a way as to keep it from moving from its place when being used. Its only connection with the motive power was by a belt over a pulley wheel. This planer had been delivered to Sherman by appellant Arthur under a conditional sale contract, which…