Boise-Payette Lumber Co. v. McCornick
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. ¥m. A. Babcock, Judge. From a judgment dissolving and discharging attachment, plaintiff appeals.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. ¥m. A. Babcock, Judge. From a judgment dissolving and discharging attachment, plaintiff appeals. “In order that the mortgagee of realty may recover chattels as fixtures placed thereon, he must show that the chattels were actually annexed to the freehold, or something appurtenant thereto; that they were applied to the use or purpose to which that portion of the realty was applied, and that they were annexed with the intention of making a permanent accession ,to the freehold.” (1 Ballard on Real…
1Opinion of the CourtBice, J.
This action was instituted by appellant, BoisePayette Lumber Company, to recover a balance due upon a promissory note executed by John J. Pilgerrim. A writ of attachment issued, by virtue of which certain machinery in a planing-mill, belonging to Pilgerrim, was levied upon. Bespondent McCornick intervened as mortgagee in a mortgage executed by Pilgerrim, covering certain lots, upon which the *465building was erected, in the city of Twin Falls, - “together with 'all and singular, the tenements, hereditaments and appurtenances thereunto belonging, or in anywise appertaining.” i
The machinery was…
2Cases cited11 opinions
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Wolford v. BaxterSupreme Court of Minnesota · 1884
- Thomson v. SmithSupreme Court of Iowa · 1900
- Chase v. Tacoma Box Co.Washington Supreme Court · 1895
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3Cited by15 opinions
- Williams v. HavensIdaho Supreme Court · 1968
- Rayl v. Shull Enterprises, Inc.Idaho Supreme Court · 1985
- Steel Farms, Inc. v. Croft & Reed, Inc.Idaho Supreme Court · 2012
- Beebe v. Pioneer Bank & Trust Co.Idaho Supreme Court · 1921
- Pearson v. HarperIdaho Supreme Court · 1964
10 more not listed; retrieve them via the Exa API.