Davis' adm'r v. Eastham
Court of Appeals of Kentucky
Case 16 — MOTION APPEAL FROM BOYD CIRCUIT COURT. 1. The court erred in holding the mill and fixtures to be realtju 2. The mill and machinery is easily removed without injury. It was not attached to the soil. 3. The intention to make the mill a part of the realty must appear affirmatively, and such intention must be proved by those claiming that it is realty. (Gron.
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Case 16 — MOTION APPEAL FROM BOYD CIRCUIT COURT. 1. The court erred in holding the mill and fixtures to be realtju 2. The mill and machinery is easily removed without injury. It was not attached to the soil. 3. The intention to make the mill a part of the realty must appear affirmatively, and such intention must be proved by those claiming that it is realty. (Gron. Stat., 436; Hill on Fixtures, sees. 5, 6, and 7; Ferrand’s Law of Fixtures, 41, 48, 62 ; 9 Conn., 63; IB. & A., 161; 8 Adolph. & Ellis, 913; 5 Denio, 527; 2 Wend., 636.) 1. The notes show that the property sold was, in fact, real…
1Opinion of the CourtChief Justice Hargis
This was a motion, based on notice sufficient in form and substance, to quash the sale under executions in favor of appellants and against appellees.
The property was levied on and sold as personalty, and it is contended that it is part of the realty, which the lower court held to be so, and, therefore, not sold in a proper manner.
The only question need be noticed is as to the character of property held by appellee, J. C. Eastham, in the mill and appliances; for if part of the realty, none of the statutory requirements relative to sales of such property were complied with, and, consequently,…
2Cited by8 opinions
- Henry Clay Fire Insurance v. BarkleyCourt of Appeals of Kentucky · 1914
- Haywood v. . BriggsSupreme Court of North Carolina · 1947
- De Charette's Guardian v. Bank of ShelbyvilleCourt of Appeals of Kentucky (pre-1976) · 1927
- Pennington v. BlackCourt of Appeals of Kentucky (pre-1976) · 1935
- London Assurance Corporation v. BaileyCourt of Appeals of Kentucky (pre-1976) · 1928
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