Westgate v. Wixon
Massachusetts Supreme Judicial Court
Tort. The declaration contained two counts. The first was in the nature of trover for the conversion of a barn. The second was for breaking and entering the plaintiff’s close, removing a barn annexed to the freehold, and converting it to the defendant’s use.
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Tort. The declaration contained two counts. The first was in the nature of trover for the conversion of a barn. The second was for breaking and entering the plaintiff’s close, removing a barn annexed to the freehold, and converting it to the defendant’s use. The answer contained a general denial; and alleged that the barn was the property of John H. Abbott, and was duly attached by the defendant, a deputy sheriff, on a writ against Abbott in favor of Benjamin Barker and others. The case was submitted to the Superior Court on an agreed statement of facts, which, after stating that the…
1Opinion of the CourtMorton, J.
Upon the facts of this case, the Superior Court was justified in finding that the barn, for the removal of which *306this suit was brought, was a part of the realty, and was therefore not attachable as the personal property of Abbott.
As a general rule, buildings are a part of the realty, and belong to the owner of the land on which they stand. Even if built by a person who has no interest in the land, they become a part of the realty, unless there is an agreement by the owner of the land, either express or implied from the relations of the parties, that they shall remain personal property.…
2Cases cited1 opinion
- Webster v. PotterMassachusetts Supreme Judicial Court · 1870
3Cited by15 opinions
- Pomeroy v. BellCalifornia Supreme Court · 1897
- Watterson v. CruseCalifornia Supreme Court · 1918
- Meeker v. OszustMassachusetts Supreme Judicial Court · 1940
- Peters v. StoneMassachusetts Supreme Judicial Court · 1906
- Hanson v. W. L. Blake & Co.District Court, D. Maine · 1907
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