RIGHT OF MORTGAGEE TO TENANT'S FIXTURES. 69 



PyU (5 M. & S., 146) and Pijice v. Eyre (9 B. & C, 909). The ques- 

 tion is thus reduced to the inquiry whether the mortgagee's right to 

 sever the fixtures from the freehold is a "right or interest within the 

 meaning of this rule of law, and we are of opinion that it is. Certainly 

 it is an interest of a peculiar nature in many repects, rather partaking 

 of the character of a chattel than of an interest in real estate ; but we 

 think it so far connected with the land that it may be considered a 

 right or interest in it, which, if the tenant grants away, he shall not 

 be allowed to defeat his grant by a subsequent voluntary act of sur- 

 render" {London & Westminster Loan Co. v. Drake). The price of 

 fixtures, as such, cannot be recovered under the common count of goods 

 sold and delivered {Lee v. Risdon, Taun. 189) ; but it would be other- 

 wise if they had been first removed {Wilde v. Waters, 16 C. B., 637; 

 Dalton V. Whitteen, 3 C, B., 961 ; Pitt v. Shetv, 4 B. & Aid., 206). 



