Fuson v. Whitaker

In this case we are asked to answer one question, namely:

As between mortgagor and mortgagee or their privies, who is entitled to certain trade fixtures (in this case wall cases) which were in the building at the time the mortgage was placed thereon, after the mortgage is foreclosed?

The Chancellor found in favor of the mortgagor because “none of these wall fixtures are fastened to any part of the building, and that they can be removed without any injury to said building, although they were purchased to be used in same, and can be moved and used in other buildings.”

The pertinent facts are: Dr.…