Muehling v. Muehling
Muehling v. Muehling
Opinion of the Court
Opinion by
The question to be determined on this appeal is whether the hosiery knitters, ribbers, steam press and dynamo purchased for and placed in the lmitting mill, by the owners thereof, were intended by them as component parts of their factory, and subject to the lien of the mortgage upon it, or as personalty subject to removal by them at their pleasure and against the protest of their mortgagee. The learned auditor to whom the question was referred found as a fact that it was their intention in placing this machinery in the mill to place it there as fixtures and a constituent part of their factory. This finding was approved by the learned court below, and, if there was a sufficient warrant for it in the evidence, we cannot reverse it.
We have carefully read and considered all the evidence oral and documentary, and our conclusion from it accords with the finding in question. The agreement of September 11, 1889, under which the money for the erection of the factory was furnished, and in pursuance of which the factory was mortgaged, contained a requirement by the mortgagee and a promise by the mortgagors which bound the latter to place in the factory for the proper operation of it, machinery worth at least 110,000, and to maintain an adequate insurance thereon for the protection
Decree affirmed and appeal dismissed, the costs to be paid by the appellant.
Reference
- Full Case Name
- Franklin H. Muehling v. Charles Muehling and John H. Johnson
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Mortgage — Fixtures—Contract—Evidence. Where a mortgagor agrees with a mortgagee to place machinery to a certain amount in the mortgaged promises the machinery will be considered fixtures subject to the mortgage, notwithstanding that some of it was placed in the building after the mortgage was executed. It seems that without an agreement, fixtures attached to a building after the property is mortgaged, cannot be removed to the injury of the mort gagee: Roberts v. Bank, 19 Pa. 71. Fixtures — Mortgagor and mortgagee — Intention—Evidence. An agreement under which the members of a firm borrowed money to build a knitting mill and gave a mortgage, required the mortgagors to place therein the necessary machinery and to insure the same for the protection of the mortgagees. Sewing machines, hosiery knitters, and other machinery essential to the proper operation of the mill, were fastened to the floor, and run by the general steam plant. One of the mortgagors, in withdrawing from the firm, agreed to convey his interest in the real estate, machinery, etc., “ subject to the mortgage.” Eeld, that it was sufficient to warrant a finding that the parties intended to subject to the lien of the mortgage the machinery in the factory when the mortgage was executed and also the machinery subsequently placed therein by the mortgagors. Auditor's finding of facts — Evidence. The Supreme Court will not reverse an auditor’s finding of facts approved by the court below if there was sufficient warrant for it in the evidence.