Southbridge Savings Bank v. Exeter Machine Works
Massachusetts Supreme Judicial Court
Bill in equity, filed October 17, 1878, to restrain the defendant from removing a boiler from a parcel of land in Brook-field. Hearing before Colt, J., who allowed a bill of exceptions in substance as follows : The defendant, in July 1877, delivered to one Stevens, to be used on trial at his machine-shop in Brookfield, an Exeter sectional boiler, which by agreement between them was to remain the personal property of the defendant until paid for.
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Bill in equity, filed October 17, 1878, to restrain the defendant from removing a boiler from a parcel of land in Brook-field. Hearing before Colt, J., who allowed a bill of exceptions in substance as follows : The defendant, in July 1877, delivered to one Stevens, to be used on trial at his machine-shop in Brookfield, an Exeter sectional boiler, which by agreement between them was to remain the personal property of the defendant until paid for. On August 6, 1877, Stevens made a mortgage to the plaintiff of the machine-shop and land, including in express terms the boiler, and, for failure to…
1Opinion of the CourtMorton, J.
The rights of the parties in this case are determined by the rules as to fixtures which apply in cases between mortgagor and mortgagee.
*545The boiler, which the plaintiff contends was annexed to and became a part of the realty, was placed in the building, which was a machine-shop, by Stevens, the mortgagor, for the purpose of furnishing the motive power for the machinery. It was firmly attached to the land, was, in connection with the steam-engine, shafting and machinery, adapted to said machine-shop and business, and was essential to the enjoyment and use of the building, for the purpose for…
2Cases cited4 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Thompson v. VintonMassachusetts Supreme Judicial Court · 1876
3Cited by30 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Union Bank & Trust Co. v. Fred W. Wolf Co.Tennessee Supreme Court · 1904
- Kalis v. ShattuckCalifornia Supreme Court · 1886
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