St. Marys Machine Co. v. Iola Mill & Elevator Co.

Citations

• 97 Kan. 464
• 155 P. 1077
• 1916 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Machinery Unattached to Building — Not Part of Realty. Machinery purchased for use in a mill, intended to be permanently fastened in place by bolts, does not ordinarily become a part of the realty until the physical attachment is accomplished. And where such machinery is sold under a contract reserving title in the vendor until payment is made, it does not become subject to a mechanic’s lien, notwithstanding the contract is not filed for record until after the lien has accrued and the machinery has been deposited in the building, provided such record is made before it is set up and. fastened in place.</p> <p>2. Sale — Machinery—Contract Reserving Title — Purchaser with Notice. Under the circumstances stated, one who, with notice of the existence of the contract, purchases the real estate at a sheriff’s sale based on the judgment in an action foreclosing the mechanic’s lien, acquires thereby no title to the machinery.</p>