Bromich v. Burkholder

Citations

• 98 Kan. 261
• 158 P. 63
• 1916 Kan. LEXIS 62

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fixtures — Machinery—When Part of Realty — Intention of Parties. The intention of the parties is one of the strongest elements in determining whether machinery in a building has become part of the realty.</p> <p>2. Same — Machinery—Conditional Sale — Notice to Prior Mortgagee of the Real Estate. Notice to a prior mortgagee of real estate of a conditional sale agreement by which the vendor reserves title of chattels annexed to the real estate is not essential to preserve the rights of the vendor of the chattels.</p> <p>3. Same — Machinery—Conditional Sale — When Part of Realty — Replevin. In an action in replevin to recover possession of a tubular boiler which had been sold by plaintiff and installed in a mill upon which the defendant held a prior real-estate mortgage, the contract between the plaintiff and the owner of the realty reserving title in plaintiff until full payment of the purchase price, it is held, following Eaves v. Estes, 10 Kan. 314, 15 Am. Rep. 345, that the boiler, regardless of the nature of its attachment to the mill, never became a part of the realty, and, it appearing from the evidence that it might be removed from the property without defeating or impairing the security of the defendant, the plaintiff is entitled to recover its possession.</p> <p>4. Same — Machinery — Conditional Sale — Bights of Prior Mortgagee. Machinery sold under a conditional agreement by which the title is reserved in the vendor until full payment of the purchase price retains its character of personalty against the holder of a prior real-estate mortgage notwithstanding it replaces machinery which was there when the real-estate mortgage was executed and which was removed to make room for the machinery in question.</p>