Judges: PER CURIAM. —
Attorneys: Chas. A. Morehead, for Appellant;
Price, Price, Kehoe Kassewitz, for Appellee A. Walder.
Filed: Oct. 10, 1930
Latest Update: Mar. 02, 2020
Summary: It appears from the transcript that the Tinto Company, Inc., title holder of real property, upon which a final decree of foreclosure had been duly entered, removed from a moving picture theatre building located thereon considerable fixtures and furniture about four days prior to the master's sale which were bought and stored in another theatre building by respondent Chas. Walder, purchaser, who obtained a bill of sale from the owner in exchange for the sum of $1,047.00 owed him by the title hold
Summary: It appears from the transcript that the Tinto Company, Inc., title holder of real property, upon which a final decree of foreclosure had been duly entered, removed from a moving picture theatre building located thereon considerable fixtures and furniture about four days prior to the master's sale which were bought and stored in another theatre building by respondent Chas. Walder, purchaser, who obtained a bill of sale from the owner in exchange for the sum of $1,047.00 owed him by the title holde..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and decreed by the
Court that the order of the chancellor be and the same is hereby reversed with directions to enter an order determining what articles removed from the building were fixtures within the contemplation of the law and covered by the mortgage; and upon such finding to direct that those articles which are so found subject to the mortgage, if any, be returned to the general master for disposition according to law, and that those articles not coming under said designation be retained by the appellee, Chas. Walder.
TERRELL, C. J., and WHITFIELD, ELLIS, STRUM, BROWN and BUFORD, J. J., concur.
