Wight v. Gray
Supreme Judicial Court of Maine
On report of facts agreed. Trespass qu. cl. and removing from the premises, which were then in plaintiff’s possession as mortgagee, a frame building erected thereon by. the husband of the mortgagor with her consent after the execution of the mortgage.
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On report of facts agreed. Trespass qu. cl. and removing from the premises, which were then in plaintiff’s possession as mortgagee, a frame building erected thereon by. the husband of the mortgagor with her consent after the execution of the mortgage. The material facts are stated in the opinion. cited: Blarney v. Bearce, 2 Maine, 132 ; Allen v. Bicknell, 36 Maine, 436 ; Bird v. Decker, 64 Maine, 550; Hinkley and F. Iron Oo. v. Black, 70 Maine, 480; Chase v. Wingate, 68 Maine, 204; Lynde v. Rowe, 12 Allen, 100; Bonney v. Foss, 62 Maine, 248. claimed that as the building removed was erected…
1Opinion of the CourtSymonds, J.
The general rule is that fixtures, actually or constructively annexed to the realty, pass by a conveyance or mortgage of it, where the contents of the deed do not show an intention to the contrary. Davis v. Buffum, 51 Maine, 160.
Fixtures annexed after the execution of the mortgage become a part of the security for the mortgage debt and, while the mortgage is in force, cannot be removed or otherwise disposed of by the mortgagor or by one claiming under him without the *298consent of the mortgagee. "The mortgagor generally looks to the redemption of the property, and what he adds to it of a…
2Cases cited3 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Bartholomew v. HamiltonMassachusetts Supreme Judicial Court · 1870
3Cited by4 opinions
- Frost v. SchinkelNebraska Supreme Court · 1931
- Tillman v. De LacySupreme Court of Alabama · 1885
- Equitable Guarantee & Trust Co. v. HukillCourt of Chancery of Delaware · 1912
- Monticello Bank v. SweetSupreme Court of Arkansas · 1897