Goodman v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Sixth District Court. This was a suit against the Hannibal & St. Joseph Railroad Company to recover possession of a lot in the town of Shelbina, in Shelby county, Missouri.
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Appeal from, Sixth District Court. This was a suit against the Hannibal & St. Joseph Railroad Company to recover possession of a lot in the town of Shelbina, in Shelby county, Missouri. Defendant’s answer admitted plaintiff’s ownership of the lot and title to the possession, but alleged that the railroad company was owner of a certain building standing on the premises, and held and occupied it by the permission and license of one John L. Lathrop, plaintiff’s grantor, and that plaintiff purchased the lot with full knowledge of defendant’s rights to the house. The company claimed to hold the…
1Opinion of the CourtWagner, Judge
The case was decided in the court below on demurrer to the defendant’s answer. There was no error in sustaining the demurrer, but if the answer is true, the house is a simple personal chattel, and the defendant is clearly entitled to remove it. It is wrell settled that where a building is erected by one man upon the land of another, by his permission, upon an agreement or understanding that it may be removed at the pleasure of the builder, it does not become a part of the real estate, but continues to be a personal chattel, and the property of the person *35who erected it. (Dame v. Dame, 38 N.…
2Cases cited2 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Bircher v. ParkerSupreme Court of Missouri · 1867
3Cited by7 opinions
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1902
- American Clay Machinery Co. v. Sedalia Brick & Tile Co.Missouri Court of Appeals · 1913
- Hunt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Endler v. State Bank Trust Co. of WellstonSupreme Court of Missouri · 1944
- Quality Milk Products Co. v. YoungSupreme Court of Oklahoma · 1935
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