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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 190   View pdf image (33K)
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190 HIGH COURT OF CHANCERY.
THE CHANCELLOR :
This case, which comes before the Court, upon exceptions to
the report of the Auditor, presents several questions of interest,
one of which, at least, is admitted on all hands to be involved
in much perplexity and doubt. That no dear and well-defined
rule can be extracted from the adjudged cases, in reference to
the law of fixtures, must be conceded; and it is by no means
my purpose to attempt to perform a task, which certainly has
not hitherto been performed in a manner which has met with
general approval.
The counsel, by whom the rival claimants in this case are
represented, have certainly displayed great research in collect-
ing the authorities upon the subject, and they have been
explained and commented on, in the argument, with unusual
discrimination and ability.
The proceedings show that the Powhatan Manufacturing
Company, being indebted to the Bank of Baltimore in a large
sum of money; for the purpose of securing the payment thereof,
executed to the Bank, on the 24th of March, 1841, a mort-
gage of certain lands, tenements, hereditaments, and leasehold
estates, situate, and lying in Baltimore County, " together
with all the buildings and improvements on said land, including
the mill, factory, dwelling, and other houses thereon erected,
made or being," &c., " and all the machinery and fixtures in
said mill, or factory being," &c. The condition was, that the
mortgagor should pay the debt as required by the mortgage,
and in case of default, then it was declared to be lawful for the
mortgagee to procure, by the decree of any court of competent
jurisdiction, a gale to be made of the mortgaged property, for
the payment of the mortgage debts and costs.
Prior to the date of this mortgage, to wit, on the 5th of
February, 1828, there had been conveyed to the mortgagor
ten acres of land, or thereabouts, which land was not embraced
in the deed to the Bank. The Bank's claim, as stated by the
Auditor, and marked claim No. 1, amounted, on the 9th of
July, 1851, the date of the trustee's sale, to the sum of
$27,535 59, whilst the dividend allowed upon it, in the accom-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 190   View pdf image (33K)
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