T. B. Townsend Brick v. Allen

The opinion of the court was delivered by

Mahan, P. J. :

Defendants in error were the owners of about six acres of land, upon which was a plant for the manufacture of vitrified brick. On the 15th of March, 1894, they leased the land to John Gaffney, together with the plant and machinery thereof, and authorized him to take clay from the land and manufacture bricks therefrom for a certain agreed rental, payable monthly. By this contract Gaffney mortgaged to them certain machinery of his, the clay granted to him by the lease, and the bricks to be made therefrom. This instrument was filed with the…