Dutro v. Kennedy
Montana Supreme Court
Appeal from, First Judicial District, Lewis and Clarke County. The action was tried before Wade, C. J. It cannot be doubted that machinery attached to the realty in the manner the testimony shows this machinery to have been attached, and necessary or convenient for the working of the property, becomes a part of the realty, and cannot be severed therefrom by the mortgagor, even though the same may have been placed on the property after the execution of the mortgage.
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Appeal from, First Judicial District, Lewis and Clarke County. The action was tried before Wade, C. J. It cannot be doubted that machinery attached to the realty in the manner the testimony shows this machinery to have been attached, and necessary or convenient for the working of the property, becomes a part of the realty, and cannot be severed therefrom by the mortgagor, even though the same may have been placed on the property after the execution of the mortgage. (1 Washburn on Real Property [4th ed.], pp. 9-23; 1 Jones on Mortgages, § 429; Winslow v. Merchants’ Ins. Co. 4 Met. 306; 38 Am.…
1Opinion of the CourtLiddell, J.
In order to correctly understand the points at issue in this case it is necessary to state at some length the facts involved. On the 28th of July, 1879, one Seheurman and George Kennedy were the owners in indivisión of a certain mining claim situated in Lewis and Clarke County, and designated in the official survey thereof as lot “ No. 54 C,” in sections 9 and 16, in township 9 north, range 4 west, commonly known as claim No. 5 east from discovery claim on Park lode.
Kennedy’s interest in the claim was standing in the name of R. S. Hale, either to protect it from the pursuit of his creditors,…
2Cases cited3 opinions
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- Marks v. SaywardCalifornia Supreme Court · 1875
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- O'Brien v. DrinkenbergMontana Supreme Court · 1910
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