Treadway v. Sharon
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action against William Sharon and Joseph A. Ri'gby to recover damages for alleged trespass in removing a saw-mill, including its boiler, engine and machinery, from the southeast quarter of section 34, township 16 north, range 19 east, in Ormsby County.
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Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action against William Sharon and Joseph A. Ri'gby to recover damages for alleged trespass in removing a saw-mill, including its boiler, engine and machinery, from the southeast quarter of section 34, township 16 north, range 19 east, in Ormsby County. The land is the same which was in controversy in the ease of O'Weale v. Cleveland, reported in 3 Nev. 485. Cleveland, who had been in possession of it, appears to have transferred the occupancy to John R. Knox & Co., Avho put up the saw-mill in 1867, and…
1Opinion of the Court
By the Court,
G-arber, J.:
The boiler and engine in controversy were actually and firmly annexed to the soil' — solo infixa, in the strictest sense of the term; and the other articles, if not actually, were constructively annexed, and follow the nature of the principal portion of the machinery, as essential parts of one entire combination. The machinery was'“ annexed to the freehold for the better enjoyment of the freehold, attached to the soil for the soil’s -use, and essential to the inheritance for its only valuable purpose.” It therefore became a fixture. It is true, the parties testified…
2Cases cited4 opinions
- Capen v. PeckhamSupreme Court of Connecticut · 1868
- Powers v. DennisonSupreme Court of Vermont · 1858
- Smith v. PriceIllinois Supreme Court · 1865
- Maples v. MillonSupreme Court of Connecticut · 1863
3Cited by8 opinions
- Brown v. Reno Electric Light & Power Co.U.S. Circuit Court for the District of Nevada · 1893
- Arnold v. Goldfield Third Chance Mining Co.Nevada Supreme Court · 1910
- Helstrom v. RodesUtah Supreme Court · 1906
- Mammoth Mining Co. v. Juab CountyUtah Supreme Court · 1894
- Hereford v. PuschArizona Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.