Legal Opinion

Donnewald v. Turner Real-Estate Co.

Missouri Court of Appeals

Decided March 24, 1891PublishedCited by 10 opinions

Appeal from the St. Lotus City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) The engine and boiler never became a part of the realty, but always remained personalty. Rogers v. Crow, 40 Mo. 91; Collins v. Mott, 45 Mo. 100; Graves v. Pierce, 53 Mo. 423; Richardson v. Rock, 81 Mo. 264 ; Thomas v. Davis, 76 Mo. 77; Baldwin v. Merrick, 1 Mo. App. 281; Goodin v. EUeardsville, 5 Mo. App. 289. (2) The right of removal was not lost.

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Appeal from the St. Lotus City Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) The engine and boiler never became a part of the realty, but always remained personalty. Rogers v. Crow, 40 Mo. 91; Collins v. Mott, 45 Mo. 100; Graves v. Pierce, 53 Mo. 423; Richardson v. Rock, 81 Mo. 264 ; Thomas v. Davis, 76 Mo. 77; Baldwin v. Merrick, 1 Mo. App. 281; Goodin v. EUeardsville, 5 Mo. App. 289. (2) The right of removal was not lost. Holmes v. Kemper, 20 Johns. 29 ; Lawrence v. Kemp, 1 Duer, 363; Saint v. Pilley, L. R. 10 Ex. 137; Wood on Landlord & Ten., sec. 529, p. 1260, note 3.

1Opinion of the CourtBiggs, J.

This is an action for the value of a

boiler and engine, alleged to have been converted by the defendants. The property at the date of the alleged conversion was situate in the basement of a building belonging to the Turner Real-Estate Company. Prior to February 18, 1888, the premises were occupied by F. A. Durgin, who was engaged in the manufacture of silverware.- During his occupancy, as a tenant of the Turner Real-Estate Company, he placed the engine and boiler in the basement of the building for the purpose of aiding him in his business as a manufacturer. The power furnished by the engine…

2Cases cited6 opinions

  1. Rogers v. CrowSupreme Court of Missouri · 1867
  2. Thomas v. DavisSupreme Court of Missouri · 1882
  3. Richardson v. KochSupreme Court of Missouri · 1883
  4. Goodin v. Elleardsville Hall Ass'nMissouri Court of Appeals · 1878
  5. Baldwin v. MerrickMissouri Court of Appeals · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Matz v. Miami Club Restaurant (Mo. 1939)Missouri Court of Appeals · 1939
  2. John O'Brien Boiler Works Co. v. HaydockMissouri Court of Appeals · 1894
  3. Woodling v. Westport Hotel Operating Co.Missouri Court of Appeals · 1933
  4. Cox v. McKinneyMissouri Court of Appeals · 1923
  5. McLain Investment Co. v. CunninghamMissouri Court of Appeals · 1905

5 more not listed; retrieve them via the Exa API.

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