A Partial Collection of Cases And Other Authorities On the Law of Mortgage
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The language of the authorities is that the chattel in such case is personal property, for which an action of trover for the conversion of it may be maintained. (Smith v. Benson, 1 Hill, 176 ; Mott v. Palmer, suprn : Farrar v. Chauffe- tete, 5 Den., 527; Ford v. Cobb, supra.) Another consideration makes it clear, I think, that in this case, the absence of a concurrent intention on the part of the prior mort- gagees is of no weight. As above stated, as a general rule, all fix- tures put upon lan...ds by the owner thereof become a part thereof, and subject to the lien of a prior mortg-age ; but sometimes it is doubtful if they have been so annexed as to so become. And then, it is said, the question may be decided by the presumed intent of the party making the annexation of the chattels. (Winslow v. Mer.
Ins. Co., 4 Mete, 306.) The law makes a presumption in the case of anv one making such annexation, and it is different as the inter- est of the person in the land is different, that is, whether it is temporary or permanent.
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To quickly assess the difficulty of the text, read a short excerpt:
The language of the authorities is that the chattel in such case is personal property, for which an action of trover for the conversion of it may be maintained. (Smith v. Benson, 1 Hill, 176 ; Mott v. Palmer, suprn : Farrar v. Chauffe- tete, 5 Den., 527; Ford v. Cobb, supra.) Another consideration makes it clear, I think, that in this case, the absence of a concurrent intention on the part of the prior mort- gagees is of no weight. As above stated, as a general rule, all fix- tures put upon lan...ds by the owner thereof become a part thereof, and subject to the lien of a prior mortg-age ; but sometimes it is doubtful if they have been so annexed as to so become. And then, it is said, the question may be decided by the presumed intent of the party making the annexation of the chattels. (Winslow v. Mer.
Ins. Co., 4 Mete, 306.) The law makes a presumption in the case of anv one making such annexation, and it is different as the inter- est of the person in the land is different, that is, whether it is temporary or permanent.
What to read after A Partial Collection of Cases And Other Authorities On the Law of Mortgage?
You can find similar books in the "Read Also" column, or choose other free books by George W George Washington Kirchwey to read onlineMoreLess
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