Davao Sawmill v. Castillo (61 P 709)
■ Dvo. Sawmill placed machinery on the land of another. Contract stipulated: “machinery was not included in the improvements which would pass to the lessor on the expiration of the lease.” Sawmill executed CM over the machinery
■ machinery are personal property
Machinery which is movable in nature only becomes immobilized when placed in a plant by the owner of the property or the plant, but not so when placed by a tenant, a usufructuary or any person having only temporary right unless such person acted as the agent of the owner. The owner of the machinery is not presumed to have intended to deprive himself of the property by an act of immobilization to become the property of another.
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