Hubbell v. East Cambridge Five Cents Savings Bank
Massachusetts Supreme Judicial Court
Replevin of “ one large engine lathe, one small engine lathe, one Ames iron planer and one upright drill.” The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal,, upon agreed facts in substance as follows: The articles replevied, at the time the mortgage hereinafter named was made, and at the time this action was brought, were in a building in Somerville, owned and used by the American Art Foundry Company in the business…
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Replevin of “ one large engine lathe, one small engine lathe, one Ames iron planer and one upright drill.” The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal,, upon agreed facts in substance as follows: The articles replevied, at the time the mortgage hereinafter named was made, and at the time this action was brought, were in a building in Somerville, owned and used by the American Art Foundry Company in the business of manufacturing metallic castings and metallic goods, and were suitable for and used in said manufacture. On October…
1Opinion of the CourtMorton, C. J.
The only question in this case is whether the articles replevied passed to the defendant as a part of the realty under its deed of mortgage from the American Art Foundry Company.
It is impossible to lay down any precise test by which to determine whether machinery or other articles attached to or used in a building become a part of the realty. It depends upon the relations of the parties, the character of the articles, their adaptation to, and the manner in which they are attached to, or used in, the building, and generally upon the circumstances of each case as indicating the intention of the…
2Cases cited4 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Allen v. MooneyMassachusetts Supreme Judicial Court · 1881
3Cited by16 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Horn v. Indianapolis National BankIndiana Supreme Court · 1890
- Carpenter v. WalkerMassachusetts Supreme Judicial Court · 1886
- Wentworth v. S. A. Woods Machine Co.Massachusetts Supreme Judicial Court · 1895
- Chapin v. FreelandMassachusetts Supreme Judicial Court · 1886
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