44 Ala. 609 | Ala. | 1870
William Alley sold to Charles M. Caldwell and others a steam-mill engine, and the fixtures pertaining, and took a mortgage on the property to secure the payment of the purchase-money. Afterwards, on a bill by him against them, the mortgage was foreclosed and the property sold by the register. After the execution of
It is not claimed by the appellant that the articles she seeks to recover were included in the mortgage. Her proposition is that they were so joined to those which she purchased they could not be severed. They are not fixtures because they are not annexed to the freehold. — Chit, on Contracts, 314. Property in goods and chattels may be obtained by accession, under which is included admixture or confusion of goods. — Kent’s Com. vol 2, p. 360. When / goods are intermixed willfully without mutual consent, the entire property belongs to him whose property was originally invaded, and its distinctive character destroyed. But if the goods can be easily distinguished and separated, no ^charge of property takes place. — lb. 364.
In this case the answer of the appellee, and the affidavits in support of it — there was no contradictory evidence whatever — specify distinctly the articles claimed and retained by