Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Holt v. Henley — Opinion of the Court

The system was attached to the freehold, but it could be removed without any serious harm for which complaint could be made against Holt, other than the loss of the system itself. Removal would not affect the integrity of the structure on which the mortgagees advanced. To hold that the mere fact of annexing the system to the freehold overrode the agreement that it should remain personalty and still belong to Holt would be to give a mystic importance to attachment by bolts and screws. For, as we have said, the mortgagees have no equity and do not bring themselves within the statutory provision.
Source: Wikisource

Oliver Wendell Holmes, Jr. Holt v. Henley — Opinion of the Court

But the foundation upon which all their rights depend is the Virginia statute giving priority to purchasers for value without notice over Holt's unrecorded reservation of title; and as the mortgage deed was executed before the sprinkler system was put in, and the mortgagees made no advance on the faith of it, they were not purchasers for value as against Holt. York Mfg. Co. v. Cassell, 201 U.S. 344, 351, 352, 50 L. ed. 782, 784, 785, 26 Sup. Ct. Rep. 481. There are no special facts to give them a better position in that regard.
Source: Wikisource

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