Walton v. Wray
Supreme Court of Iowa
Appeal from, Mahaslca Circuit Court. One N. S., Stein was the owner in fee of a lot in the town of Leighton upon which there was a mill, which he operated. It was near the right of "way of the Keokuk & Des Moines Railroad. Ho obtained permission of the superintendent of the railroad company to erect a corn elevator on the right of way.
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Appeal from, Mahaslca Circuit Court. One N. S., Stein was the owner in fee of a lot in the town of Leighton upon which there was a mill, which he operated. It was near the right of "way of the Keokuk & Des Moines Railroad. Ho obtained permission of the superintendent of the railroad company to erect a corn elevator on the right of way. The elevator when erected was operated, so far as machinery was necessary to its operation, by means of a line of iron shafting from the mill, supported by trestle work, and running across a vacant lot lying between the mill and corn elevator, and which was…
1Opinion of the CourtEothkook, J.
The important question in the case is whether the com elevator was real estate, or personal property. .If it was real estate the judgment off $1,000 rendered by the Circuit Court was a lien upon it, and the plaintiff’s title thereunder would be valid. If it was personal property-the levy made under the judgment recovered before the justice of the peace was valid, and the sale of the property inade under such levy invested the defendant with the title.
It is claimed by the appellant that the corn elevator was a fixture aj>purtenant to the mill because it was operated by a shaft connected with…
2Cases cited2 opinions
- Lemar v. MilesSupreme Court of Pennsylvania · 1835
- Butterfield v. WalshSupreme Court of Iowa · 1866
3Cited by10 opinions
- Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
- Oskaloosa Water Co. v. Board of EqualizationSupreme Court of Iowa · 1892
- Snouffer v. City of TiptonSupreme Court of Iowa · 1913
- Young v. ChandlerSupreme Judicial Court of Maine · 1906
- Melhop, Son & Co. v. MeinhartSupreme Court of Iowa · 1886
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