Boeringa v. Perry

Citations

• 96 Wash. 57
• 164 P. 773
• 1917 Wash. LEXIS 896

Syllabus

<p>Fixtures — Mortgagor and Mortgagee of Chattels. The giving of a chattel mortgage upon pipe to be used for the purpose of irrigation implies that it shall retain its personal character; and as between the parties, it does not become a fixture by embedding and installing it in the land.</p> <p>Chattel Mortgages — Filing — Notice — Fixtures. Under Rem. Code, § 3662, providing that every chattel mortgage filed and indexed shall be full and sufficient notice to all the world, a subsequent occupant of desert land under an adverse entry has notice that irrigation pipe, embedded and installed in the land and included in a chattel mortgage, was chattel property subject to the lien of the mortgage and not part of the real estate.</p> <p>Public Lands — Desert Land Entry — Improvements—Proof. It is not fraudulent for a desert land entryman to include in his three years proof the cost of irrigating pipe which he had purchased and installed subject to a chattel mortgage lien.</p> <p>Chattel Mortgages — Foreclosure — Fixtures — Removal. Upon the foreclosure of a chattel mortgage upon irrigating pipe embedded and installed in the land, which has passed into the possession of third persons, with notice, it is not unlawful for the decree to enforce entry upon the land to remove the pipe, where it can be done without permanent injury to the real estate.</p>