Oliver Wendell Holmes, Jr.

“ This class of need to use property belonging to another is not yet recognized by the law as a sufficient ground for authority to appropriate it. If the owner of the tanks had lent them, it would be an extraordinary proposition that it lost title when they were bricked in. That it contemplated the ultimate passing of title upon an event that did not happen makes its case no worse except so far as by statute recording is made necessary to save its rights. The common law knows no objection to what commonly is called a conditional sale. ”

“ When the obvious destination of an article is to be incorporated into a structure in such a way that to remove it would destroy the other work, like bricks or beams in a building, there is still stronger ground for not giving to title an absolute right of way. ”

“ But unless we give a mystic importance to bolts and screws, the mere knowledge that the chattle will be attached to the freehold is of no importance, except, perhaps, as against innocent purchasers for value before the sale was recorded, which the mortgagees were not. ”