landlord's claim under fi. fa. 469 



corn-crusher, and grinding-stones. All these articles except the grinding- 

 stones were screwed, or otherwise firmly fixed to the several buildings 

 to which they were attached, but still in such a manner as to be remov- 

 able without damage to buildings or themselves, and the upper millstone 

 lay in tlie usual way on the lower. The steam-engine and boiler were 

 used for supplying with water certain baths on the premises ; the hay- 

 cutter was attached to a building adjoining the stable to improve its 

 usefulness as a stable, and the malt-mill and grinding-mill were to add 

 to value of premises. In an action by the assignees in bankruptcy of 

 M. it was held by the Court of Common Pleas, Willes J. dub., that the 

 articles were fixtures, and that although they were trade fixtures as well 

 as annexed to the freehold after the mortgage, they enured to the benefit 

 of the mortgagee, and did not pass to the assignees of the mortgagor 

 {Walmslcy v. Milne). 



Annexation of chattel to another's freehold. — The mere annexation of a 

 chattel by its owner to the freehold of another, does not necessarily 

 make it the property of the freeholder ; but in each case it may be a 

 question whether the owner of the chattel has lost his property in it 

 ( Wood V. Hewitt, which governed Lancaster v. Eve). 



Landlord's claim for rent under a fi. fa. — The sheriff on a levy under 

 a fi. fa. is liable to the landlord's claim for rent under 8 Anne, c. 14, 

 while the goods remain in his hands, even after sale, and the claim may 

 be made by a mortgagee to whom the mortgagor has attorned as tenant 

 for rent payable in advance although no interest has become due. And 

 per Ghanncl B. : " As long as the goods are in the sheriff's hands, the 

 landlord's claim attaches ; and even if he has sold and received the 

 money, the claim attaches to the proceeds in his hands " (Yates v. 

 Routledge). 



Presumfptive proof that payments ivere made as rent-charge for common 

 land. — In an action by overseers, for use and occupation, and for rent 

 of parish lands, evidence that the defendant and his a,ncestors had for 

 upwards of a century, up to the last ten years, paid rent for the land as 

 "common lands" (he refusing to produce the deeds under which he 

 professed to hold), is evidence sufficient to go to the jury, in the absence 

 of any evidence that the payments were made by way of chief rent or 

 rent-charge {Harding v. Hesketh). 



Right of presumptive heir to rents up to hirth of posthumous son. — The 

 right of a presumptive heir to the rents which accrue due between the 

 death of an ancestor and the birth of a posthumous heir, extends to all 

 rents which have accrued due in the interval, and whether actually 

 received or not, and whether in respect of fee simple or entailed estates 

 {Richards v. Richards). 



