Carpinteri v. Memorial Parkway Development, Inc.

1. The challenges of the defendants to the trial judge’s rulings numbered 4, 4A and 5 are wide of the mark. Contrary to the defendants’ argument, the judge did not rule that the items listed in those rulings were beyond the scope of a certain clause in a mortgage of the premises held and foreclosed by Memorial Parkway Development, Inc. (Memorial). That clause extended the coverage of the mortgage to “all structures, fixtures and appliances now or hereafter” on the premises “insofar as the same are, or can by agreement of the parties be made, a part of the realty” (emphasis supplied). The…