Provident Mutual Life Ins. Co. v. Doughty

This is a bill to foreclose a mortgage which was executed some years before the mortgagor entered into a written lease with the defendant Strand Theatre Company. The only question for decision is raised by the answer filed by the lessee and its claim is that as between the mortgagee and it, the lessee is entitled to certain additions erected by the lessee on the mortgaged premises. The theory of the defendant lessee is that the additions made by it constitute trade fixtures and are not a part of the realty.

Prior to April 19th, 1933 (the date of the lease in question) the defendant Doughty or…