Harkness v. Sears
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Geo. D. Shobtbidge. This action was commenced by Sears & Walker against Robert Harkness, before a justice of. tbe peace, in March, 1854, to recover “ damages in a sum not exceeding fifty dollars for trespass.” The defendant took an appeal from the justice's judgment to the Circuit Court, where another trial was had, which resulted in another judgment against him under the rulings of- the court.
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Appeal from the Circuit Court of Greene. Tried before the Hon. Geo. D. Shobtbidge. This action was commenced by Sears & Walker against Robert Harkness, before a justice of. tbe peace, in March, 1854, to recover “ damages in a sum not exceeding fifty dollars for trespass.” The defendant took an appeal from the justice's judgment to the Circuit Court, where another trial was had, which resulted in another judgment against him under the rulings of- the court. The bill of exceptions shows these facts : “ On the trial, there was evidence offered by the defendant, conducing to show that one…
1Opinion of the CourtRice, J.
—The exceptions to the action of the court below present the question, whether the vendor, after the sale and conveyance of his land, can lawfully remove fixtures erected on it by himself, for his - own use, during his ownership and before the salo and conveyance ; it appearing that the fixtures were erected for the purpose of assisting him in his trade, and used by him alone for that purpose.
The general rule of the common law subjected everything affixed to the freehold to the law governing the freehold. This rule never was universal, nor inflexible, nor without exceptions. It was applied…
2Cases cited4 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Walker v. ShermanNew York Supreme Court · 1839
- President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818
- Hancock v. JordanSupreme Court of Alabama · 1845
3Cited by11 opinions
- Swartz v. United States Steel CorporationSupreme Court of Alabama · 1974
- Walker v. TillisSupreme Court of Alabama · 1914
- Waldauer v. ParksMississippi Supreme Court · 1926
- Connolly v. McLeodMississippi Supreme Court · 1951
- Forbes v. Alabama Machinery & Supply Co.Supreme Court of Alabama · 1912
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