Wolford v. Baxter
Supreme Court of Minnesota
Plaintiff, who is the owner and holder of a mortgage upon certain land in Faribault, on which is situated a brewery, brought this action in the district court for Rice county to restrain the defendants from interfering with, and impairing his security by removing and selling, certain articles which plaintiff claims are fixtures of the brewery, and in particular to restrain defendant Baxter from attempting to sell these articles under a chattel mortgage.
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Plaintiff, who is the owner and holder of a mortgage upon certain land in Faribault, on which is situated a brewery, brought this action in the district court for Rice county to restrain the defendants from interfering with, and impairing his security by removing and selling, certain articles which plaintiff claims are fixtures of the brewery, and in particular to restrain defendant Baxter from attempting to sell these articles under a chattel mortgage. The answer of defendant Baxter denies that the articles specified are fixtures, and claims them under a chattel mortgage. The action was…
1Opinion of the CourtMitchell, J.
In February, 1881, the defendants Mueller and Sie-bold, being the owners of certain real estate upon which was situated a brewery, executed a mortgage on the premises to the plaintiff. In February, 1883, the same parties executed a chattel mortgage on the articles in controversy to defendant Baxter. The plaintiff claims that these articles were fixtures constituting a part of the realty, and as such were covered by his mortgage on the land. On the other hand, defendant Baxter claims that they were chattels. This presents the only point in the case. The court below held that the air-pump and…
2Cited by31 opinions
- Farmers' Loan & Trust Co. v. Minneapolis Engine & Machine WorksSupreme Court of Minnesota · 1886
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Choate v. KimballSupreme Court of Arkansas · 1892
- Thomson v. SmithSupreme Court of Iowa · 1900
- Wayne County v. Britton TrustMichigan Supreme Court · 1997
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