Price v. Brayton
Supreme Court of Iowa
Appeal from Delaware District Court. This is, a submission, without action, upon, an agreed statement of facts, as provided by chapter 131, of the Revision. So much of the facts as are essential to properly understand the questions determined, may be stated as follows : Hiram B. Melendy, being the owner of certain real estate in Delaware county, on the 1st day of January, 1856, mortgaged it to the school fund.
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Appeal from Delaware District Court. This is, a submission, without action, upon, an agreed statement of facts, as provided by chapter 131, of the Revision. So much of the facts as are essential to properly understand the questions determined, may be stated as follows : Hiram B. Melendy, being the owner of certain real estate in Delaware county, on the 1st day of January, 1856, mortgaged it to the school fund. On the 5th day of April, 1856, Melendy sold the land to Charles Harding, one of the firm of E. O. & O. Harding, subject to the said mortgage. In 1856 and 1857, the said Hardings put out…
1Opinion of the CourtCole, J.
v vendee!1*1 If the rule as to the right to remove fixtures and emblements was the same between vendor and v chaser, as it is’between landlord and tenant, the right of the plaintiff to the nursery trees in controversy could not well be questioned. But, as in a controversy between heirs and the executor, the rule *311obtains with the utmost rigor in favor of the inheritance and against the right to consider, as a personal chattel, anything which has been affixed to the freehold; so also is the same rule applied between vendor and vendee, mortgagor and mortgagee; and growing crops, manure lying…
2Cases cited1 opinion
- Farrar v. ChauffeteteNew York Supreme Court · 1848
3Cited by9 opinions
- Summerlin v. Orange Shores, Inc.Supreme Court of Florida · 1929
- Paine v. Assessors of WestonMassachusetts Supreme Judicial Court · 1937
- Stillman v. FlennikenSupreme Court of Iowa · 1882
- Wilson & Co. v. Cass CountySupreme Court of Iowa · 1886
- Adams v. Beadle & SleeSupreme Court of Iowa · 1877
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