Broaddus v. Smith
Supreme Court of Alabama
’ Appeal from the Circuit Court of Lauderdale. Tried before tlie Hon. Titos. It. Rotjlhac. C. Smith sued S. S Broaddus and others in trover. W. L. Reeder executed k mortgage on certain real property to A. P. Wheeloclc. Afterwards, Reeder executed a written lease of the property to the Alabama Banking & Trust Company. The mortgage was made to secure money to complete a building to be used as a banking house.
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’ Appeal from the Circuit Court of Lauderdale. Tried before tlie Hon. Titos. It. Rotjlhac. C. Smith sued S. S Broaddus and others in trover. W. L. Reeder executed k mortgage on certain real property to A. P. Wheeloclc. Afterwards, Reeder executed a written lease of the property to the Alabama Banking & Trust Company. The mortgage was made to secure money to complete a building to be used as a banking house. By oral agreement between Reeder and the Banking Company, the latter was to furnish the vault doors and frames to a bank vault which Reeder was to construct in the building, and the bank…
1Opinion of the CourtDowdell, J.
— Under the undisputed evidence in this case the question of fixtures vel non, depending merely upon the intention of parties as implied from the nature and purpose of the article affixed to the realty, or from the conduct of the parties before and subsequent to affixing, does not arise.. Nor is there any question of intervening rights of innocent third parties. The evidence without conflict shows that there was an express agreement or contract between Reeder the lessor and owner of the building, and the Alabama Banking and Trust Co. the lessee, that Reeder would construct a brick vault…
2Cases cited11 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- Mott v. . PalmerNew York Court of Appeals · 1848
- Manwaring v. JenisonMichigan Supreme Court · 1886
- Foster v. MabeSupreme Court of Alabama · 1842
- Harris v. PowersSupreme Court of Alabama · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hardie v. PetersonMontana Supreme Court · 1929
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Burbridge v. TherrellSupreme Court of Florida · 1933
- Boeringa v. PerryWashington Supreme Court · 1917
- Middleton v. Alabama Power Co.Supreme Court of Alabama · 1916
12 more not listed; retrieve them via the Exa API.