Tison v. Taniehill

The Aaintiff mortgaged a tract of land with all the *794improvements thereon to J. H. Hadnot, in May, 1872. On this land was situated a steam saw and grist mill. In 1874 the legal representative of J. H. Hadnot, deceased, obtained judgment on the notes executed by plaintiff, with recognition of the mortgage. Execution was issued under this judgment and the saw and grist mill was attempted to be seized, separately from the land, and was advertised for sale.

This execution was enjoined on the grounds—

First — That the mill formed a part of the realty, and coulcl not be seized separately from, the…