Oliver v. Lansing
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Holmes, J. The opinion contains a statement of the case.
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Appeal from the district court of Lancaster county. Heard below before Holmes, J. The opinion contains a statement of the case. The criterion of a fixture is in the united application of three tests: (1) Actual annexation to the realty, or something appurtenant thereto; (2) appropriation to the use or purpose of that part of the realty with which it is connected; (3) the intention of the party making the annexation to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the…
1Opinion of the CourtNorval, J.
James F. Lansing and Henry Oliver erected a block in Lincoln, a part thereof being used as a theatre, furnished and set off in a manner common to such places of amusement. To aid toward the building and' furnishing of this theatre, a considerable amount was subscribed and paid by third parties, the condition of such subscriptions being in effect that a theatre, modern in every respect, should be built and fully equipped.
Afterward, Oliver sued Lansing-for an accounting as to the moneys furnished by the two toward building and furnishing the same. In said suit, an accounting was had of all…
2Cited by16 opinions
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