Maples v. Millon
Supreme Court of Connecticut
Bill for a foreclosure and for an injunction against the removal of nursery trees and shrubs on the mortgaged premises. The respondents who made defense were the assignee in, insolvency of the mortgagor and a principal creditor. The case was heard in the superior court before Carpenter, J., who passed a decree for a foreclosure and for the injunction prayed for.
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Bill for a foreclosure and for an injunction against the removal of nursery trees and shrubs on the mortgaged premises. The respondents who made defense were the assignee in, insolvency of the mortgagor and a principal creditor. The case was heard in the superior court before Carpenter, J., who passed a decree for a foreclosure and for the injunction prayed for. The court found with regard to the trees and shrubs, that the mortgagor was, at the time of executing the mortgage, a nursery gardener, and so continued until the temporary injunction was issued; that the trees and shrubs were his…
1Opinion of the CourtHinman, C. J.
The question in this case is, whether trees and shrubs planted in a nursery garden for the temporary purpose of cultivation and growth until they should become sufficiently mature to be fit for market, and then intended to be taken up and sold, pass by a mortgage of the premises on which they are so planted, so that the mortgagor or his assignees can not remove them as personal chattels. As the question arises between the mortgagee and the assignee and creditors of the mortgagor, it is to be determined upon principles applicable to persons standing in the relation of mortgagor and mortgagee…
2Cited by9 opinions
- Summerlin v. Orange Shores, Inc.Supreme Court of Florida · 1929
- Paine v. Assessors of WestonMassachusetts Supreme Judicial Court · 1937
- Young v. ChandlerSupreme Judicial Court of Maine · 1906
- Treadway v. SharonNevada Supreme Court · 1871
- Dubois v. BowlesSupreme Court of Colorado · 1902
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