Bill Carson owned some land that was mortgaged to Bob Jordan. Carson erected a building on this land in which he installed heavy machinery and boilers. At the time he intended these fixtures to be permanent. The machinery was fastened to the floor, and the boilers were set in masonry. Carson failed in the enterprise, and Jordan foreclosed. Carson sought to remove the machinery as personal property. Decide the case.

In this case, when Carson mortgaged the land to Bob Jordan. he mortgaged the land and not the building or furniture.

The building, Plant and Machinery placed by Bill is not included for the mortgaged carried out by Bill and its free from any impediment.

Secondly, Bob cannot have an assert on the Building, Plant and Machinery unless its specifically mentioned in the original mortgaged documents.

Explanation:

Solution

In this scenario when Carson mortgaged the land to Bob Jordan. he mortgaged the land and not the building or furniture.

If Bill Carson has taken the loan without no alternative, what it implies is that if the land is not sufficient to repay the loan taken, Bob cannot have claim on the personal property of Bill.

The building, Plant and Machinery installed by Bill is not part for the mortgaged done by Bill and its free from any burden.

Bob cannot have any claim on the Building, Plant and Machinery unless its specifically stated in the original mortgaged documents.

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