
    WHITAKER-GLESSNER CO. v. OHIO SAV. BK. & TR. CO.
    Circuit Court of Appeals, 6th Dist.
    No. 4945.
    Decided Nov. 18, 1927.
    539. FIXTURES — 997. Real Estate — 787. Mortgages. 1. When chattel annexed to realty becomes — application of to use by, and intention of annexing party.
    Personalty becomes a fixture on the concurrence of its annexation to the realty or something appurtenant thereto, its application to the usa or purpose to which the realty is appiopriated, and an intention on the part of the party annexing it to make it a permanent accession to the freehold.
    2. Intention of annexing party to make it permanent, and to remove, how to be determined.
    Where a chattel may be removed' without injury to it or the realty, the.manner of its annexation and other circumsatnces and facts, including its possible uses, are to be considered in determining the intention of the party annexing it.
    3. Machinery bolted to floor, in canning factory, as between company and mortgagee, held a part of the
    Machinery bolted to the floors of a canning factory, both realty and machinery being owned and used by a canning company for the sole purposes of the business, though removable without injury to itself or the realty, held a fixture as between the company and a mortgagee.
    Appeal from U. S. Court. E. D. S. D. of Ohio-. Benson W. Hough, J.
    Geo. W. Ritter, Toledo, and John S. Brum-back, Toledo, for appellant.
    John F. Wilson, Columbus, and John E. Morley, Cleveland, for appellees.
   MOORMAN, CJ.

Suit in equity by the Ohio Saving Bank & Trust Company, Trustee, and others, against the Whitaker-Glessner Co. Decree for complainants, and defendant appeals. Affirmed.

(Denison and Moorman, JJ.)

For full opinion, see 22 Fed. Rep. (2’d) 733.  