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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 186   View pdf image (33K)
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188 . HIGH COURT OF CHANCERY.
The complainant's counsel may prepare an order for the
receiver.
CHARLES F. MAYER, for Complainant.
T. P. SCOTT, for Defendants.
[The decree, in this case, was affirmed upon appeal, by the
Court of Appeals.]
WILLIAM M'KIM AND WILLIAM KENNEDY
vs.. DECEMBER TERM, 1852.
WILLIAM MASON ET AL.
[FIXTURES—MECHANICS' LIEN LAWS.]
A MORTGATE was executed to a manufacturing company, and the affidavit
required by the 1st section of the Act of 1847, ch. 271, wag made by the
agent and treasurer of the Company. HELD—that this was a sufficient
compliance with the provisions of that Act.
Where property on which machinery is constructed is subject to a. lien or
incumbrance prior to the commencement of the building in which ithe
machinery is placed, the lien of the mechanic must be subordinate to the
prior incumbrance.
Where a mechanic filed his claim against certain parties, and the awe facias
was issued against them only, and the notice provided for by the 17th
section of the Act of 1888, ch. 205, was not given, but waived by consent,
the judgments recovered by the mechanic cannot affect the rights or inte-
rests of third persons having liens on the property against which the
claim was filed.
Where a mortgage contains no covenant that the mortgagor shall continue
possessed of the land, with power to take the rents, profits, and issues,
until default made, he cannot be regarded as the tenant of the mort-
gagee.
A steam-engine and boiler placed in and affixed to a cotton factory, and
constituting a part of the motive power thereof, are fixtures, and, as be-
tween mortgagor and mortgagee, belong to the latter, though placed in
the building after the execution of the mortgage.
Where a mortgage contains no express stipulation, one way or the other,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 186   View pdf image (33K)
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