Pennsylvania Chocolate Co. v. Hershey Bros.

Opinion by

Mr. Justice Schaffer,

The question here to be determined is whether certain machinery installed in a large manufacturing plant after the creation of a mortgage thereon was covered by its lien. The machinery is claimed by the Commonwealth Trust Company, purchaser of the plant at a sheriff’s sale on the bond accompanying the mortgage, and by the receivers of the company which acquired the plant from the mortgagee. The receivers excepted to the sheriff’s sale and moved to set it aside, claiming that the machinery is personalty and does not pass to the purchaser. The court decided in…