McConnell v. Chelton Trust Co.
Court of Appeals for the Third Circuit
1DissentWoolley, Circuit Judge
There is involved in this case no principle of equity. The single question is one of law,—the law of fixtures. While I fully agree that the case is governed, not by the terms of the mortgage with reference to after-acquired property, but by the law of fixtures, just as though the mortgage contained no such clause, I find myself at variance with the majority of the court on both the law and the facts. Therefore, I am constrained to dissent. The first point of difference is on the law.
The law of fixtures as pronounced by the courts of Pennsylvania seems to be settled. The trouble is with its…
2Cases cited16 opinions
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- National Bank v. NorthSupreme Court of Pennsylvania · 1894
- Morris's AppealSupreme Court of Pennsylvania · 1879
- Vail v. WeaverSupreme Court of Pennsylvania · 1890
- Carpenter v. WalkerMassachusetts Supreme Judicial Court · 1886
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