Cook v. Whiting
Illinois Supreme Court
This was an action of trover, commenced before a justice of the peace, to recover sonic square timber, fence posts, and one round log. By appeal it was taken to the Bureau Circuit Court, and was tried before Leland, Judge, and a jury, at April term, 1855, of said court. The plaintiff below, and appellee here, to maintain this issue, offered in evidence an agreement on the z part of appellant to sell his farm to appellee.
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This was an action of trover, commenced before a justice of the peace, to recover sonic square timber, fence posts, and one round log. By appeal it was taken to the Bureau Circuit Court, and was tried before Leland, Judge, and a jury, at April term, 1855, of said court. The plaintiff below, and appellee here, to maintain this issue, offered in evidence an agreement on the z part of appellant to sell his farm to appellee. Appellant to plant certain corn, and to be paid a sum certain for his growing crops. Certain stone then in process of manufacture, were to be divided between the parties,…
1Opinion of the CourtScates, C. J.
The hewed timbers, posts, and round log, sued for in this case, were neither fixtures nor appurtenances to the land, but personal property, and did not, therefore, pass by the deed as part of the realty, nor under the description of appurtenanees. Fixtures are such articles of property as are deemed personal, in contradistinction to real, but for their attachment to or connection with the land, or the rights of inheritance, or such parts of the land, or realty, which, being partly separated or severed, have not changed their character for want of a complete severance in fact, or by contract,…
2Cases cited1 opinion
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
3Cited by7 opinions
- Osgood v. SkinnerIllinois Supreme Court · 1904
- Higinbotham v. BlairIllinois Supreme Court · 1923
- Osgood v. SkinnerAppellate Court of Illinois · 1904
- Byrne v. WernerMichigan Supreme Court · 1904
- Cole v. RoachTexas Supreme Court · 1873
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