60 Wash. 556 | Wash. | 1910
Lead Opinion
This controversy arises upon a foreclosure of a mortgage upon real property, and involves the question of whether or not certain pieces of machinery used in a manufacturing plant situated upon the land are fixtures and as
In March, 1909, the Jurin Manufacturing Company, a corporation, was the owner of certain land at Puyallup, in Pierce county, upon which it maintained a sawmill, porch-column and dry-kiln plant- At that time it borrowed from one Perry $5,000, securing the same by a mortgage upon the real property consisting of the land and appurtenances. The mortgage was the usual form of real property mortgage, so that the machinery and appliances were covered thereby only in so far as they were a part of the realty. The plaintiff became the owner of this debt and mortgage by assignment from Perry. The defendant became the owner of the real property, and also of certain personal property of the mortgagor, Jurin Manufacturing Company, by a deed and bill of sale executed by J. T. Gear, as trustee, in pursuance of orders of the Federal court, in the matter of Jurin Manufacturing Company, a corporation, bankrupt. This conveyance covered the machinery involved, whether it be regarded as real or personal property, since it conveyed all personal property of the bankrupt, with certain exceptions, which exceptions did not exclude from the conveyance any of this machinery.
Learned counsel for the plaintiff contend that the trial court erroneously decreed certain machinery to be personal property and not subject to the lien of the mortgage. This machinery consisted of a portable fire box boiler, engines, lathes, shafting, pulleys, belts, pipes, saws, carriages, conveyors, pumps, edgers, planers, éxhaust fans, boring machines, emery wheels, dry-kiln apparatus, and other machines, tools and appliances. Nearly all of these things were in various ways attached to the floors, ceilings or posts of the
There may be some expressions in the case of Filley v. Christopher, 39 Wash. 22, 80 Pac. 834, 109 Am. St. 853, viewed apart from the circumstances of that case, seemingly not in harmony with the views expressed in the former decisions of this court, but we do not think the former views of' the court were there overruled, in view of the circumstances of that controversy. We are of the opinion that the court was not in error in holding these things to be personal property and free from the lien of the mortgage.
Learned counsel for the defendant contend that the trial court erroneously decreed the large tubular boiler to be a fixture, and therefore subject to the mortgage. This boiler was set in masonry, being practically inclosed in brick work»
We conclude that the decree of the learned trial court should be in all things affirmed. It is so ordered. In view of this disposition of the appeals, neither party will recover costs in this court.
Mount, Fullerton, and Gose, JJ., concur.
Concurrence Opinion
(concurring) — Inasmuch as the earlier decisions of this court constitute a rule of property, I concur in the result, but as an original question I doubt their soundness.