A Treatise on the Law of Fixtures: And Other Property, Partaking Both of a Real and Personal Nature; Comprising the Law Relative to Annexations to the Freehold in General, and Also Emblements, Charters, Heir-looms, Etc. With an Appendix, Containing Practical Rules and Directions Respecting ... Fixtures ...A. Strahan, 1827 - 332 страници |
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accessary action of trover annexed appears authorities belong Bing buildings chapter claims collieries common law considered conveyance Court Court of Equity covenant Cres cyder mill cyder-mill decision defendant deodand determination Detinue devise East Elwes emblements entitled erections favor fieri facias fire-engines fixed articles freehold furnace ground heir and executor heir-looms held inheritance injury judgment Kinlyside laid land landlord and tenant law of fixtures Lawton lease lessee Londonthorpe Lord Coke Lord Ellenborough Lord Hardwicke Lord Mansfield matters of ornament mortgage nature Nisi Prius notis observed opinion owner parcel parties pass personal chattels personal estate personal representative personalty plaintiff possession principle privilege purpose question realty reference remainder-man reversioner rule salt-pans seems statute Taunt tenant in tail term testator things affixed tion trade fixtures trespass trover tures utensils valuation Vide wainscot waste writ
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Страница 83 - ... during the term the soap-boiler might well remove the vats he set up in relation to trade ; and that he might do it by the common law, and not by virtue of any special custom, in...
Страница 49 - To hold otherwise, and to extend the rule in favour of tenants in the latitude contended for by the defendant, would be, as appears to me, to introduce a dangerous innovation into the relative state of rights and interests holden to subsist between landlords and tenants. But its danger or probable mischief is not so properly a consideration for a court of law, as whether the adoption of such a doctrine would be an innovation at all...
Страница 257 - ... state of mobility (which is essential to the nature of larceny), being never, as such, in the actual or constructive possession of any one but of him who committed the trespass. He could not in strictness be said to have taken what at that time were the personal goods of another, since the very act of taking was what turned them into personal goods.
Страница 40 - ... themselves, they were of a perfect chattel nature before they were put up, or at least have in substance that character independently of their union with the soil; or, in other words, where they may be removed without being entirely demolished, or losing their essential character or value.
Страница 234 - ... a lead, and a washing vat, and lost them, &c. After verdict for the plaintiff, it was objected in arrest of judgment that these things appeared to be fixed to the house, and are as parcel thereof, and not accounted as goods ; for the portal is a door of a house ; and the hand-mill, and lead, and the washing vat, are always fixed things. Sed non...
Страница 133 - In question between the heir or devisee and the executor, those fixtures may with propriety enough be considered as annexed to and parts of the freehold. The law will presume that it was the intention of the owner under whose bounty the executor...
Страница 257 - ... pended on a subtlety in the legal notions of our " ancestors. These things were parcel of the real " estate ; and therefore, while they continued so, " could not by any possibility be the subject of theft, " being absolutely fixed and immovable. And if " they were severed by violence so as to be changed " into moveables, and at the same time by one and " the same continued act, carried off by the person " who severed them, they could never be said to be " taken from the proprietor, in this their...
Страница 71 - Kenyon, which seems to treat green-houses and hot-houses erected by great gardeners and nursery-men as not to be considered as annexed to the freehold. Even if the law were so, which it is not necessary to examine, still, for obvious reasons, such a case would not be similar to the present : but in...
Страница 243 - Thus, where a party had agreed, as in the case last mentioned, to take fixtures at a valuation, and a valuation has accordingly been made, there is no necessity for resorting to a special form of declaring. For it has been held, that the appraised value of fixtures may be recovered under the common count on the insimul computassent ; the valuation of the appraisers being in effect an ascertainment of the price by the parties themselves, (a) But, where there was an agreement between the plaintiff...
Страница 45 - In this first case, ie, as between heir and executor, the rule obtains with the most rigor in favor of the inheritance, and against the right to disannex therefrom, and to consider as a personal chattel anything which has been affixed thereto...