Adams Machine Co. v. Interstate Building & Loan Ass'n
Supreme Court of Alabama
Appeal from Gadsden City Court. ' Tried before. Hon. John H. Disqúe. " The, bill was filed by the appellee to foreclose a mortgage on real estate, made by respondent, A.' B. Jones, and to. enjoin the removal of certain fixtures alleged to have been conveyed .by the mortgage.
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Appeal from Gadsden City Court. ' Tried before. Hon. John H. Disqúe. " The, bill was filed by the appellee to foreclose a mortgage on real estate, made by respondent, A.' B. Jones, and to. enjoin the removal of certain fixtures alleged to have been conveyed .by the mortgage. The property to which.appellant claims title, retained on a conditional sale to Jones, consists of an engine, boiler, and hot water heáter, with attachments, used ip, connection with and, part of ah electric light plant for lighting the .buildings of a girls’ boarding school! The appeal is taken from a decree overruling…
1Opinion of the CourtBrickell, C. J.
There is but a single question presented by this appeal, and that is, whether a vendor of chattels intended for annexation to the freehold, retaining in himself the title, and expressly stipulating that it is not to pass except upon the condition of full payment of the price by the vendee, the chattels having been, as was contemplated, annexed to the freehold, the condition remaining unperformed, can assert and maintain his title against a subsequent bona fide mortgagee of the vendee, upon a present consideration, without notice of the right and title of the vendor. The question has been of…
2Cases cited7 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Warren v. LiddellSupreme Court of Alabama · 1895
- Weinstein v. FreyerSupreme Court of Alabama · 1890
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
- Boulden v. Estey Organ Co.Supreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Town of Camden v. Fairbanks, Morse & Co.Supreme Court of Alabama · 1920
- Mobile Cab Baggage Co. v. Texas CompanySupreme Court of Alabama · 1954
- Mallory v. AgeeSupreme Court of Alabama · 1932