Law Commons^™

Fixtures - Conditional Sale-Mortgage- Rights Of Parties

Michigan Law Review

The plaintiff, holding a real estate mortgage recorded before the defendant's notice of conditional sale, bought in the premises at the foreclosure sale. The defendant claimed plumbing and heating fixtures sold to the mortgagor on a contract of conditional sale, notice of which was properly recorded according to the statute. Held, the defendant's title to the fixtures was not protected as against the plaintiff by the recording under the Massachusetts statute. Waverley Cooperative Bank v. Haner (Mass. 1930) 173 N.E. 699.