Henry N. Clark Co. v. Skelton
Massachusetts Supreme Judicial Court
Two actions of replevin by the same plaintiff against different defendants, each to recover possession of two furnaces with their accompanying pipes and registers, which were in the possession of the respective defendants at the time of the service of the plaintiff’s writs.
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Two actions of replevin by the same plaintiff against different defendants, each to recover possession of two furnaces with their accompanying pipes and registers, which were in the possession of the respective defendants at the time of the service of the plaintiff’s writs. Writs in the Municipal Court of the City of Boston dated March 23,1909. On appeal to the Superior Court the cases were tried together before Sanderson, J. It appeared that the defendant Greenwood sold two parcels of land in Dorchester to one Cossett, who was a builder and bought the land for the purpose of constructing…
1Opinion of the CourtRugg, J.
These are actions of replevin to recover certain portable furnaces. The only question raised is whether as matter of law they had become a part of the real estate. These furnaces appear to have been of the same kind as to size, method of attachment and use as those under discussion in Towne v. Fiske, 127 Mass. 125, where it was held that the issue was for the jury. Generally it is a mixed question of law and fact whether articles of personal property which can be moved and used in another place have become a part of the real estate. This principle has been applied in several cases where the…
2Cases cited6 opinions
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
- Hagar v. NortonMassachusetts Supreme Judicial Court · 1905
- Towne v. FiskeMassachusetts Supreme Judicial Court · 1879
- Hook v. BoltonMassachusetts Supreme Judicial Court · 1908
- Ridgeway Stove Co. v. WayMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Medford Trust Co. v. Priggen Steel Garage Co.Massachusetts Supreme Judicial Court · 1930
- Commercial Credit Corp. v. GouldMassachusetts Supreme Judicial Court · 1931
- Automatic Sprinkler Corp. v. RosenMassachusetts Supreme Judicial Court · 1927
- Gar Wood Industries, Inc. v. Colonial Homes, Inc.Massachusetts Supreme Judicial Court · 1940
- Nickels v. SchollMassachusetts Supreme Judicial Court · 1917
4 more not listed; retrieve them via the Exa API.