Old Line Life Insurance Co. Of America v. Hawn

275 N.W. 542 (1937)

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Nature of the Case

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Facts

Cassius, the husband of Mary Hawn (D) borrowed $6,000 from P. Cassius executed a delivered to P a promissory note secured by real estate mortgage signed by both D and Cassius. Cassius later conveyed all his interest in the farm to D subject to the mortgage. D then leased the farm to Ray who installed at his own expense a pipeless furnace, seventeen steel stanchions in the barn, certain drinking cups for livestock, certain pipe equipment, a hay carrier, a manure carrier, bought a brooder house, erected a hen house, garage, storage shed, a maple sugar shed. P foreclosed. Ray removed or authorized others to remove all these items from the premises prior to foreclosure P sued claiming waste in that all the items were fixtures subject to the mortgage. D asserted no responsibility for their removal. Ray claimed that he had a right as a tenant to remove them. The trial court found that all the items except the maple sugar house and equipment were common law fixtures subject to the lien. Damages were determined to be $700 but that D at no time consented to the removal. P appealed.