Arnold v. Crowder

Citations

• 81 Ill. 56

Syllabus

<p>1. Fixtures—what passes as realty between mortgagor and mortgagee. Platform scales, fastened to sills laid upon a brick wall, set in the ground, for weighing stock and grain, and intended for permanent use, as between mortgagor and mortgagee, are to be regarded as fixtures belonging to the realty, and will pass to the purchaser, under a decree of foreclosure, unless reserved in the mortgage.</p> <p>2. It is in the power of the owner of the inheritance to affix any property to it he pleases, and when he does so, it becomes a fixture, in the general sense of that term, and part of the freehold; and if the inheritance be after-wards sold or mortgaged, the fixture goes with the freehold, and it wiil also descend to the heir at law.</p>