German Savings & Loan Society v. Weber

Citations

• 16 Wash. 95
• 38 L.R.A. 267
• 47 P. 224
• 1896 Wash. LEXIS 16

Syllabus

<p>FIXTURES — INTENT OF PARTIES — RIGHTS OF PRIOR MORTGAGEE.</p> <p>Whether fixtures attached to real estate should be regarded as personalty or realty is largely governed by the intention of the contracting parties, even so far as the rights of a former mortgagee are concerned, subject to the limitation that the fixtures, which, but for the stipulation, would be regarded as realty, can be removed only when such removal can be effected without injury to the real estate.</p> <p>An agreement between the owner of a building and a person furnishing building fixtures therefor, known as the “ standing finish,” consisting of window and door sashes, doors, jambs and trimmings, wainscoting, base boards and mantle piece, that such materials were to be regarded as personal property belonging to the material man, although affixed to the building, will control as against a prior mortgagee of the realty, when such fixtures can be removed from the building without injuring the realty or impairing the security of the mortgagee as it existed at the time they were affixed.</p>