The Metropolitan Counties, &, Society v Brown
| Jurisdiction | England & Wales |
| Judgment Date | 21 February 1859 |
| Date | 21 February 1859 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 973
ROLLS COURT
S. C. 28 L. J. Ch. 581; 5 Jur. (N. S.) 378; 7 W. R. 303.
[454] the metropolitan counties, &u, society v. brown. Feb. 17, 18, 21, 1859. [S. C. 28 L. J. Ch. 581; 5 Jur. (N. S.) 378; 7 W. R. 303.] Mortgage of iron works and rolling-mill, with the machinery, &c., specified in schedule, " and all engines, machinery, fixtures and things which might thereafter be fixed and fastened in or upon the same premises, whether in addition or substitution. Held, that the words " fastened in or upon the same premises" governed the sentence, and that subsequent additions, consisting of an engine for turning a lathe, a steam-hammer and anvil, a boiler and furnace, passed to the mortgagees ; but that cutters, bedplate, straightening plate, and the metal flooring of the mill, did not. Under an assignment of the machinery fastened in or upon a mill, Held, that an anvil, though not fastened or fixed to it, passed, as essential to a fixed steam-hammer. Prior to a mortgage, the mortgagee's valuer included certain articles in his valuation, and which the mortgagees expected would be comprised in their mortgage, but they were omitted from the deed. A bill to rectify the deed, by including them, was dismissed, there being no proof of a common mistake of mortgagor and mortgagees. 974 METROPOLITAN COUNTIES, ETC., SOCIETY I'. BROWN 26BBAV.g. Brown was entitled to a long lease of the premises at Sheffield, on which the Albion Iron and Steel Works were carried on. By indenture of mortgage, dated the 23d of September 1856, Brown granted and assigned to Vickers the Albion Iron and Steel Works, piece or parcel of land, rolling-mill and hereditaments, with the appurtenances, and also all that steam-engine set up and fixed for working the said rolling-mill, and the boilers, wheels, shafts, machinery, gearing apparatus, trains of [455] rolls, shears, fixtures and things of in and connected with the said rolling-mill, and which are specified in the schedule, under the said indenture of mortgage written, and all engines, machinery, fixtures and things which might thereafter be Jixed and fastened in or upon the same premises, whether in addition to or substitution of the several fixtures, machinery, articles and things specified in the said schedule. The schedule referred to contained the following articles and things :-" Four steam-boilers and steam-pipes and valves complete; sixty-horse-power steam-engine complete; driving wheel and shaft; fly wheel and shaft; two speed wheels and shaft; long underground shaft; four speed wheels at end of ditto; long train of rolls for file steel, consisting of bedplate and its foundation, ten standards or housings, one pair of pinions, and four pair of rolls with spindles and coupling boxes to each pair ; train of rolls for rounds, &c., consisting of bedplate and foundations, ten standards or housings, three pinions, three high set of rolls, pair of two-feet rolls, and two pairs of twelve-inch rolls with spindles and coupling boxes complete; turning lathe; pair of shears; forty tons or upwards of cast metal floor...
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