Ridgeway Stove Co. v. Way

• Decision Date: 07 May 1886
• Citation: 141 Mass. 557,6 N.E. 714
• Parties: RIDGEWAY STOVE CO. v. WAY.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

141 Mass. 557

6 N.E. 714

RIDGEWAY STOVE CO. v. WAY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1886

COUNSEL

Brown &amp Keyes, for plaintiff.

E.M Bigelow, for defendant.

OPINION

MORTON C.J.

It is quite clear that the superior court was justified in finding that the property claimed on the plaintiff's writ was annexed to and became a part of the realty, and passed to the defendant by his deed. The property claimed consisted of two portable furnaces, with the pipes and registers attached to them. They were put in as part of the two houses, were essential to the enjoyment and use of them as dwelling-houses, and were intended by the owner to be a part of the realty as soon as they were paid for. The fact that there was an agreement between the owner and the plaintiff that the furnaces should remain the property of the plaintiff until they were paid for, and that both so intended, is immaterial, unless the defendant had notice of such agreement and intention. Notwithstanding such an agreement, the property annexed to the realty will pass to an innocent purchaser without notice. Southbridge Sav. Bank v. Exeter Machine-works, 127 Mass. 542, and cases cited. As the superior court found in the case at bar that the defendant was a bona fide purchaser of the houses, without notice of the agreement of the plaintiff, it follows that his rights are not affected by such agreement, and that the property in...