M'Kim v. Mason
High Court of Chancery of Maryland
[The principal question arising in this case was, whether certain machinery furnished by various parties and put up in a cotton mill, was or was not to be regarded as fixtures. The machinery furnished by the Messrs. Denmead, referred to in the opinion, consisted of a steam-engine of 75-horse power, with the boilers, tanks, and appurtenances, and constituted a part of the motive power of the machinery of the mill, the other part being water power.
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[The principal question arising in this case was, whether certain machinery furnished by various parties and put up in a cotton mill, was or was not to be regarded as fixtures. The machinery furnished by the Messrs. Denmead, referred to in the opinion, consisted of a steam-engine of 75-horse power, with the boilers, tanks, and appurtenances, and constituted a part of the motive power of the machinery of the mill, the other part being water power. The three boilers were put up with brick, resting on foundations dug in the earth, in a house built for that purpose exclusively, and to remove them…
1Opinion of the Court
The Chancellor:
This case, which comes before the Court, upon exceptions to the report of the Auditor, presents several questions of interest, one of which, at least, is admitted on all hands to be involved in much perplexity and doubt. That no clear and well-defined rule can be extracted from the adjudged cases, in reference to the law of fixtures, must be conceded; and it is by no means my purpose to attempt to perform a task, which certainly has riot hitherto been performed in a manner which has met with general approval.
The counsel, by whom the rival claimants in this case are represented,…
2Cases cited9 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Walker v. ShermanNew York Supreme Court · 1839
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Holmes v. TremperNew York Supreme Court · 1822
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Potter v. . CromwellNew York Court of Appeals · 1869
- Williams v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1934
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Warren Manufacturing Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1913
- Cover v. TaliaferroCourt of Appeals of Maryland · 1923
5 more not listed; retrieve them via the Exa API.