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Fixtures - Conditional Sales - Effect Of Recording Upon Subsequent Mortgagee Of The Realty, Michigan Law Review

Michigan Law Review

Two furnaces were sold and installed by plaintiff's assignor on a conditional sale contract that was duly recorded. The vendee then mortgaged the land on which the furnaces were annexed to the defendant. He defaulted on payments under the conditional sales contract and the plaintiff obtained a decree foreclosing the vendee's equity. Defendant filed a petition to have the decree vacated. Held, that as defendant was a subsequent mortgagee without notice the decree should be vacated. Twentieth Century Heating & Ventilating Co. v. Home Owners Loan Corp., 56 Ohio App. 188, 10 N. E. (2d) 229 (1937).