Allen v. Mooney
Massachusetts Supreme Judicial Court
Tout, by the executor of the will of Thomas M. Saunders, for the. conversion of a furnace and pipes, four iron registers, and the soapstone foundations in which the registers were fixed. Answer, a general denial.
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Tout, by the executor of the will of Thomas M. Saunders, for the. conversion of a furnace and pipes, four iron registers, and the soapstone foundations in which the registers were fixed. Answer, a general denial. Trial in the Superior Court, without a jury, before Allen, J., who allowed a bill of exceptions in substance as follows: It appeared in evidence that the plaintiff’s testator held two mortgages upon certain real estate in Salem, consisting of a dwelling-house with the land under and adjoining the same, the first mortgage being dated October 14, 1874, and the second May 24, 1876; and…
1Opinion of the CourtLord, J.
It is the duty of an excepting party to show errai in the rulings to which exceptions are taken. In this case, no error is shown. The mortgagor of the house, while owning the equity of redemption, placed in it what is known as a portable furnace, with pipes and flues adapted to warm the house. A portable furnace may or may not be a part of the realty. Whether it is or is not may be matter of law, or of fact, or of mixed law and fact. In this case, nothing is reported for our consideration except the fact that the furnace is a portable one, set upon a brick foundation, commencing a foot in…
2Cases cited2 opinions
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
- Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
3Cited by16 opinions
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- Knoxville Gas Co. v. W. I. Kirby & SonsTennessee Supreme Court · 1930
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