Kelly v. Austin
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was a hill in chancery, filed by the appellee in the court below, against the appellant, to restrain the removal of a carpenter shop off certain premises which had been previously mortgaged by appellant to one Aaron Gibbs.
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Appeal from the Superior Court of Chicago. This was a hill in chancery, filed by the appellee in the court below, against the appellant, to restrain the removal of a carpenter shop off certain premises which had been previously mortgaged by appellant to one Aaron Gibbs. After the execution of the mortgage, the appellant formed a co-partnership with one Stephen M. Bowie, for the purpose of carrying on the carpenter and joiner business, and this firm, with the means of the firm, erected on the premises the shop in question, for trade purposes, which building, was purely temporary in its…
1Opinion of the CourtJustice Walker
This record presents the question, whether the building erected upon the lot, which was soldmnder the mortgage, was permanent and fixed in its character, and formed a part of, and passed with, the ground when it was sold; or, was it temporary, and so far detached as not to form a part of the realty ? It was placed on the lot several months after the mortgage was given, by the mortgagor and his partner, in the house joiner business. It was placed on the lot by the firm for the use of their business. It seems to have been made of rough materials, slightly built, placed upon blocks resting…
2Cited by19 opinions
- Sword v. LowIllinois Supreme Court · 1887
- Burbridge v. TherrellSupreme Court of Florida · 1933
- Kay County Gas Co. v. BryantSupreme Court of Oklahoma · 1928
- Couch v. WelshUtah Supreme Court · 1901
- Thuma v. Granada Hotel Corp.Appellate Court of Illinois · 1933
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