Cedar Avenue Building & Loan Ass'n v. McLaughlin

Citations

• 69 Pa. Super. 73
• 1918 Pa. Super. LEXIS 14

Syllabus

<p>Fixtures — Removal of trespass — Mortgaged premises.</p> <p>Where a stranger goes upon real estate which is bound by the lien of the second mortgage, and without authority from any one, removes bathtub, washstands, water-closets and all the piping and radiators constituting- a hot water heating plant, he is liable in damages to the owner of the second mortgage. In such a case the court will apply the rule that when something is attached to real estate other than by its own weight, it is prima facie part of the real estate.</p> <p>The court will not send the case back for a retrial because the trial judge ruled that the plaintiff was entitled to the cost of restoration, if it appears that when the plaintiff attempted to show that its security had been lost, and that the signer of the bond accompanying the mortgage was insolvent, he was met with an objection on the part of the defendant and the objection was, in the opinion of the appellate court, improperly sustained.</p>