McClure v. Atlantic Rock Co., Inc.

Opinion by

Mr. Justice Barnes,

The question on this appeal is whether certain machinery and equipment placed upon mortgaged premises by a lessee became part of the freehold bound by the mortgage lien, and hence exempt from attachment by a creditor of the lessee.

On February 6, 1923, the Atlantic Fuel Company executed a purchase money mortgage to the Atlantic Coal Company, encumbering eleven tracts of coal and mineral land which it owned in Somerset County to secure the payment of the sum of ¡¡¡>46,000. This mortgage was assigned on November 24, 1937, to Calvin Romesberg. The mortgaged premises…