Cole v. Stewart

Massachusetts Supreme Judicial Court

Cole v. Stewart

65 Mass. 181

Massachusetts Supreme Judicial Court·Decided September 15, 1853·Published·Cited by 1 cases

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.

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

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Opinion

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