Tate v. Blackburne
Mississippi Supreme Court
Error to the circuit court of De Soto county. Fisher, J. The opinion of the court contains a full statement of the case. The rule that whatever is annexed to the freehold becomes a part thereof, is most rigorously enforced against him who places it there as owner of the soil. Against such owner, there are no exceptions, if the article be put there for the better enjoyment of the freehold.
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Error to the circuit court of De Soto county. Fisher, J. The opinion of the court contains a full statement of the case. The rule that whatever is annexed to the freehold becomes a part thereof, is most rigorously enforced against him who places it there as owner of the soil. Against such owner, there are no exceptions, if the article be put there for the better enjoyment of the freehold. English v. Foote, 8 S. & M. 444; Perkins et al. v. Swank et al. 43 ib. 3-19. That gin stands, running gear and cotton presses are fixtures, is settled in this and other states. Richardson v. Borden, 42 Miss.…
1Opinion of the Court
Tarbell, J.:
Tate sued Blackburne, in an action of trespass, to recover the value of a gin-stand, cotton press and running gear, taken by -he latter from the land of the former, and the question is, whether these articles were fixtures or chattels. The facts are substantially these: Tate sold the land from which these articles were taken to one Harrell, in 1861, reserving in the deed of conveyance a vendor’s lien for the purchase money. While so owning and occupying this land, Harrell placed thereon the property in controversy. The gin-stand is the common one in use in the cotton regions, and…
2Cases cited6 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Perkins v. SwankMississippi Supreme Court · 1871
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Miller v. PlumbNew York Supreme Court · 1827
- Richardson v. BordenMississippi Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Beebe v. Pioneer Bank & Trust Co.Idaho Supreme Court · 1921
- Boise-Payette Lumber Co. v. McCornickIdaho Supreme Court · 1919
- Stone v. Geyser Quicksilver Mining Co.California Supreme Court · 1877
- Love v. Union Cent. Life Ins. Co.Mississippi Supreme Court · 1933
- Motorola Communications and Electronics, Inc. v. Clarence N. Dale, Jr. And Barbara Camin DaleCourt of Appeals for the Fifth Circuit · 1982