Can a mortgagee recover the value of a machine which is affixed to the floor of a factory by bolts and nuts?

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 Reynolds v. Ashby, supra, Machines, were supplied by the owner of them to the lessee of a factory upon the hire-purchase system, the machines to remain the property of the owner till they had been wholly paid for; upon default in payment the owner to have power to determine the hiring and remove the machines. They were affixed, as the owner knew, to concrete beds in the floor of the factory by bolts and nuts, and could have been removed without injury to the building or the beds. The lessee made default in payment, and the owner brought an action to recover the machines or their value from a mortgagee of the premises who had taken possession: Held, that the machines had been so affixed as to pass by the mortgage to the mortgagee.

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