Equitable Guarantee & Trust Co. v. Knowles
Court of Chancery of Delaware
Injunction Bill.—The object of the suit was to restrain the respondents from selling under execution certain machinery and appurtenances of a cotton and woolen factory which had been levied upon by the sheriff as personal property, under executions in favor of the other respondents, who were judgment creditors.
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Injunction Bill.—The object of the suit was to restrain the respondents from selling under execution certain machinery and appurtenances of a cotton and woolen factory which had been levied upon by the sheriff as personal property, under executions in favor of the other respondents, who were judgment creditors. The complainants were mortgagees who claimed that the property levied upon was to be classed as fixtures and, as such, subject to the lien of the mortgages as part of the realty. The mortgages expressly enumerated “all the woolen and cotton machinery, looms, shafting and boilers that…
1Opinion of the Court
•The Chancellor:—■
The bill was filed September 14, 1896, by the Equitable Guarantee and Trust Company, trustee, and Mary C. Smith, complainants, as the present holders respectively of two mortgages executed by one of the respondents’James G. Knowles, January 17, 1880. The first held by the Equitable Guraantee and Trust Company, conditioned for the payment of Eighteen Thousand Dollars on February 1, 1884, and the second, held by the said Mary C. Smith, to secure the payment of Six Thousand Dollars on January 1, 1883; both mortgages being due and payable at the time of the commencement of the *122su…
2Cases cited19 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Walker v. ShermanNew York Supreme Court · 1839
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
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3Cited by10 opinions
- Radican v. HughesSupreme Court of Connecticut · 1913
- Burbridge v. TherrellSupreme Court of Florida · 1933
- Boise-Payette Lumber Co. v. McCornickIdaho Supreme Court · 1919
- In re the Receivership of Frederica Water, Light & Power Co.Court of Chancery of Delaware · 1915
- Warrington v. HignuttSuperior Court of Delaware · 1943
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