New York Court of Appeals
Cynthia Sheldon and Anna Maria Anable, Respondents v. Henry Edwards, Appellant
March 5, 186635 N.Y. 279
Summary
The Court held that the machinery affixed to the land remained personal property and title passed to the defendant by the chattel mortgage assignment, that the earlier judgment on the merits barred the plaintiffs' claim, and that no merger of the personal mortgage into the fee occurred because equity required the mortgage to remain alive. Accordingly, the lower court's judgment was reversed and a new trial ordered.