Is a mortgagee entitled to possession of machinery that was not paid for?
Saskatchewan, Canada
The following excerpt is from The Berlin Interior Hardwood Company v. The Colonial Investment and Loan Company, 1918 CanLII 254 (SK QB):
In Ellis v. Glover & Hobsan, Ltd. [1908] 1 K.B. 388; 77 L.J.K.B. 251, Farwell, L.J. at p. 398, says as follows: If machinery is in fact affixed in such a manner as to become a fixture under a purchase or hiring agreement by which, as between mortgagor and vendor, it remained the property of the latter, the mortgagee can undoubtedly take possession of the machinery as part of his security, although not paid for, and although put up after the mortgage, and although the vendor had no knowledge of the existence of the mortgage: Reynolds v. Ashby [supra].
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