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65 Mass. 181

Cole v. Stewart

Massachusetts Supreme Judicial Court

Decided September 15, 1853

Massachusetts Supreme Judicial Court · decided 1853-09-15

This is an action of trespass. The parties stated a case. John R. Cole mortgaged to the plaintiff the premises described in the writ, the mortgagor. remaining in possession of the premises. Subsequent to the execution of the mortgage, the mortgagor erected on said premises a small frame building.

Decided 1853-09-15

By the Court.

¶1The building placed upon the land conveyed to the plaintiff in mortgage clearly passed to him. Fixtures erected on mortgaged premises by the mortgagor, are annexed to the freehold and cannot be removed by the mortgagor, or otherwise disposed of by him, the debt secured by the mortgage' remaining unpaid. Butler v. Page, 7 Met. 40; Winslow v. Merchants' Insurance Co. 4 Met. 306. Upon the facts stated, the action is well maintained for the plaintiff.

¶2Judgment for the plaintiff.

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