Meagher v. Hayes

• Decision Date: 05 September 1890
• Parties: MEAGHER v. HAYES.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

152 Mass. 228

25 N.E. 105

MEAGHER v. HAYES.

Supreme Judicial Court of Massachusetts, Suffolk.

September 5, 1890

COUNSEL

J.A. Maxwell and J.P. Barlow, for plaintiff.

H. Kingman, for defendant.

OPINION

W. ALLEN, J.

The building put upon the land by the consent of the mortgagor and without the consent of the mortgagee was clearly, as regards him and the mortgagee, a part of the realty, and covered by the mortgage. Butler v. Page, 7 Metc. 40; Cole v. Stewart, 11 Cush. 181; Guernsey v. Wilson, 134 Mass. 482. The foreclosure of the mortgage was by sale, and the right of the mortgagee to sell the building as part of the mortgaged property could not be affected by agreements in regard to it to which he was not a party, nor by notice of the claims of the defendants given to a purchaser. Clary v. Owen, 15 Gray, 522; Hunt v. Iron Co., 97 Mass. 279; Bank v. Exeter Works, 127 Mass. 542. Decree affirmed.