Boone v. Mendenhall Lumber Co.
Mississippi Supreme Court
From th© circuit court of Simpson county. If on. Robert L. Bullard, Judge. Mrs. Boone, appellant, was plaintiff in the court below; the lumber company, appellee, was defendant there. From a judgement in defendant’s favor,- predicated of a peremptory instruc-. tion, plaintiff appealed to the supreme court. The suit was an action of replevin for a steam engine.
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From th© circuit court of Simpson county. If on. Robert L. Bullard, Judge. Mrs. Boone, appellant, was plaintiff in the court below; the lumber company, appellee, was defendant there. From a judgement in defendant’s favor,- predicated of a peremptory instruc-. tion, plaintiff appealed to the supreme court. The suit was an action of replevin for a steam engine. Plaintiff claimed it as personalty under an execution sale of it, as the personal property of one McLaughlin, the defendant in execution. The defendant claimed under a deed executed by McLaughlin conveying the land, as such, upon which,…
1Opinion of the CourtSmith, J.
The question for. determination in this case is whether an-engine installed for the purpose of furnishing motive power for a planing mill was so annexed to the realty as to become a fixture, and a part thereof, so that title thereto, would pass to the grantee in a deed conveying the land on which same was-situated.
The testimony simply shows that the engine was by the-owner of the land placed upon a concrete foundation, attached' thereto by eight l^'inch steel bolts, and that after same was-installed a house was built over it. Some evidence was offered *556by appellee, and excluded by the court,…
2Cases cited1 opinion
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