Meagher v. Hayes
Massachusetts Supreme Judicial Court
Bill in equity to prevent the removal of a building alleged to be personal property. The case was heard upon the pleadings and an agreed statement of facts, by Field, J., and was as follows. The land upon which the building stood formerly belonged to one Bryan, and was mortgaged by him to one Fitzgerald.
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Bill in equity to prevent the removal of a building alleged to be personal property. The case was heard upon the pleadings and an agreed statement of facts, by Field, J., and was as follows. The land upon which the building stood formerly belonged to one Bryan, and was mortgaged by him to one Fitzgerald. Subsequently the defendant Hayes, the owner of the building, moved it upon the land under an agreement made with Bryan that the building should be and remain personal property, and be removable. The building was twenty-two feet wide and thirty-two feet long, built of wood, with one story and…
1Opinion of the CourtW. Allen, J.
The building put upon the land by the consent of the mortgagor, and without the consent of the mortgagee, was clearly, as regards him and the mortgagee, a part of the *230realty, and covered by tbe mortgage. Butler v. Page, 7 Met. 40. Cole v. Stewart, 11 Cusb. 181. Guernsey v. Wilson, 134 Mass. 482. The foreclosure of the mortgage was by sale, and the right of the mortgagee to sell the building as part of the mortgaged property could not be affected by agreements in regard to it to which he was not a party, nor by notice of the claims of the defendants given to one who buys the house at the sale.…
2Cases cited3 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Guernsey v. WilsonMassachusetts Supreme Judicial Court · 1883
3Cited by26 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Perley v. City of CambridgeMassachusetts Supreme Judicial Court · 1915
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