Carpenter v. Walker
Massachusetts Supreme Judicial Court
Bill in equity, filed February 11, 1884, in the Superior Court, against Otis Walker, Thomas E. Rich, and Paris Rich, alleging that the two last-named defendants, on June 19, 1883, executed a mortgage of certain chattels to the plaintiff; namely, a boiler and steam-engine and certain machinery, to secure their promissory note for $1000, payable to the plaintiff or order, on demand; and that the defendant Walker had possession of the building in which said chattels were, and…
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Bill in equity, filed February 11, 1884, in the Superior Court, against Otis Walker, Thomas E. Rich, and Paris Rich, alleging that the two last-named defendants, on June 19, 1883, executed a mortgage of certain chattels to the plaintiff; namely, a boiler and steam-engine and certain machinery, to secure their promissory note for $1000, payable to the plaintiff or order, on demand; and that the defendant Walker had possession of the building in which said chattels were, and refused to deliver them to the plaintiff, or to allow him to take possession of • them for the purpose of foreclosing his…
1Opinion of the CourtHolmes, J.
Perhaps it would have saved perplexing questions, if, as between vendor and purchaser, or mortgagor and mortgagee, the rule of the common law had been adhered to more strictly, that whatever is annexed to the freehold by the owner becomes a part of the realty, and will pass by a conveyance of it. Y. B. 21 Hen. VII. 26, pl. 4. Elwes v. Maw, 3 East, 38; S. C. 2 Smith Lead. Cas. (8th Am. ed.) 191. Fisher v. Dixon, 12 Cl. & Fin. 312, 328, & seq. Mather v. Fraser, 2 K. & J. 536. Walmsley v. Milne, 7 C. B. (N. S.) 115. Gribson v. Hammersmith Railway, 32 L. J. Ch. 337, 340. Climie v. Wood, L. R. 4…
2Cases cited2 opinions
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