Padgett v. Cleveland

Citations

• 33 S.C. 339
• 11 S.E. 1069
• 1890 S.C. LEXIS 151

Syllabus

<p>1. The doctrine of fixtures, especially as applicable to articles used for manufacturing purposes, considered.</p> <p>2. Plaintiff took a mortgage of real estate on which was an engine and several other articles used in the manufacture of doors and sashes. This engine was afterwards removed and a larger one purchased and placed in position. The works being destroyed by fire, this new engine and the other machinery were removed to another place and there mortgaged to other parties, who on default seined and sold'to a stranger. Plaintiffs then brought this action against the chattel-mortgagees and purchaser to recover this engine and the other articles, claiming them under his real estate mortgage. Held, that he was not entitled to any •■recovery in this action.</p>