Carver v. Gough
Supreme Court of Pennsylvania
Appeal, No. 72, July T., 1892, by defendant, Thomas H. Gough, from decree of C. F. Chester Co., dismissing exceptions to a master’s report on a bill in equity by I. Carey Carver et al., Ex’rs of Richard B. Baily, deceased. Bill in equity to restrain tenant from removing buildings, erected during his tenancy.
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Appeal, No. 72, July T., 1892, by defendant, Thomas H. Gough, from decree of C. F. Chester Co., dismissing exceptions to a master’s report on a bill in equity by I. Carey Carver et al., Ex’rs of Richard B. Baily, deceased. Bill in equity to restrain tenant from removing buildings, erected during his tenancy. The third paragraph of the bill was as follows: “ 3. That said Thomas H. Gough, the defendant, threatens to tear down and remove from said premises above mentioned, a frame tobacco house, which has been built on the premises, on stone foundations; a frame two-story kitchen, built on stone…
1Opinion of the Court
Opinion by
Mb.. Chief Justice Paxson,
The right of a tenant for years to remove what are called trade fixtures during his term, although affixed to the freehold, has been generally recognized, both in this country and in England. In all the recent cases, however, the true criterion has been held to be the intention on the part of the tenant to remove the fixtures during his term, at the time he placed them upon the property. The manner of their annexation is no longer the test: Hill v. Sewald, 53 Pa. 274; Seeger v. Pettit, 77 Pa. 440. This is an exception to the common law rule which was very…
2Cases cited2 opinions
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- M'Cullongh v. Irvine's ExecutorsSupreme Court of Pennsylvania · 1850
3Cited by6 opinions
- Kinnear v. Scenic Railways Co.Supreme Court of Pennsylvania · 1909
- Matter of Samuel Ginsburg, Individually and Trading as Jee-Jee Food Products, Bankrupt, Commercial Banking CorporationCourt of Appeals for the Third Circuit · 1958
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- Union Bldg. Co. of Pennsylvania v. PennellCourt of Appeals for the Third Circuit · 1935
- Straight v. MahoneySuperior Court of Pennsylvania · 1901
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