Reynolds v Ashby & Son

[1904] A.C. 466

(Judgment by: Lord MacNaghten)

Between: Reynolds - Appellant : Ashby & Son - Respondent

Court:
House of Lords

Judges: Earl of Halsbury LC

Lord MacNaghtenLord James
Lord Lindley

Subject References:
FIXTURES
Machinery attached to Freehold
Presumption of Law
Trade Fixtures
Mortgage
Hire-purchase Agreement
Rights of Mortgagee against Owner of Machinery
Licence to remove Trade Fixtures
Entry of Mortgagee into Possession

Judgment date: 5 August 1904

Judgment by:
Lord MacNaghten

My Lords, speaking for myself I agree with the conclusion at which the Lord Chancellor has arrived. That the law with regard to fixtures as between mortgagor and mortgagee is perfectly satisfactory I should be sorry to affirm; but I am sure much mischief would be created if there were a departure at this stage from the law which has been looked upon as governing such transactions as this ever since the case of Mather v. Frazer.

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