Reeder v. Hudson Consolidated Mines Co.

Citations

• 118 Wash. 505
• 203 P. 951
• 1922 Wash. LEXIS 664

Syllabus

<p>Fixtures (9) — Between Vendor and Purchaser — Intent in Making Annexation — Evidence—Sufficiency. Machinery and appliances annexed to a mine by the owner for the purpose of its development and operation pass to the purchaser as part of the realty upon a sale of the mine “together with all improvements;” and where such property is mortgaged back to the vendor to secure a purchase-money mortgage, an attaching creditor of the mortgagor can acquire no lien on such mining equipment and machinery as is shown by the intent of the parties to have been annexed to the mine as a part of the realty.</p> <p>Same (9). Where the owner of mining claims had annexed to the property for the purpose of development of the mine a quartz mill with its necessary machinery, an electric transformer, an electric motor, and “T” rails attached to the premises, on his sale of the mine with a mortgage back covering the claims “together with all improvements,” an attaching creditor of the mortgagor could acquire no lien against such annexed property on the theory they were merely trade fixtures, since the intent of the vendor and his grantee is apparent that the equipment was treated as part of the realty.</p>