Cole v. Stewart

Massachusetts Supreme Judicial Court

Cole v. Stewart

65 Mass. 181

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1853

StatusPublished

Cited by1 cases

This text of 65 Mass. 181 (Cole v. Stewart) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cole v. Stewart, 65 Mass. 181 (Mass. 1853).

Pincite

Opinion

By the Court.

The building placed upon the land conveyed to the plaintiff in mortgage clearly passed to him. Fixtures erected on mortgaged premises by the mortgagor, are annexed to the freehold and cannot be removed by the mortgagor, or otherwise disposed of by him, the debt secured by the mortgage' remaining unpaid. Butler v. Page, 7 Met. 40; Winslow v. Merchants' Insurance Co. 4 Met. 306. Upon the facts stated, the action is well maintained for the plaintiff.

Judgment for the plaintiff.

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By the Court.

The building placed upon the land conveyed to the plaintiff in mortgage clearly passed to him. Fixtures erected on mortgaged premises by the mortgagor, are annexed to the freehold and cannot be removed by the mortgagor, or otherwise disposed of by him, the debt secured by the mortgage' remaining unpaid. Butler v. Page, 7 Met. 40; Winslow v. Merchants' Insurance Co. 4 Met. 306. Upon the facts stated, the action is well maintained for the plaintiff.

Judgment for the plaintiff.

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Bluebook (online)

65 Mass. 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-stewart-mass-1853.

Opinion

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