Middleton v. Alabama Power Co.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by J. H. Middleton against the Alabama Power Company and another. From a judgment for defendants, plaintiffs appeals. The trespass alleged is the tearing down and removing from a certain five acres of land 12 houses alleged to belong to defendant.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by J. H. Middleton against the Alabama Power Company and another. From a judgment for defendants, plaintiffs appeals. The trespass alleged is the tearing down and removing from a certain five acres of land 12 houses alleged to belong to defendant. The complaint was afterwards amended by adding a count for conversion of certain lumber. .It appears that the Alabama Power Company by its contractors had leased this five acres of land from plaintiff for the purpose of quarrying rock for the building of its danis, and had…
1Opinion of the CourtAnderson, C. J.
(1-4) — The general rule is that, when
houses are erected upon the land of another, the prima facie intendent is that they become part of the realty, though this is by no means conclusive, as the intent of the parties usually controls, and the builder may reserve the right to remove same.—Powers v. Harris, 68 Ala. 409. On- the other hand, if the improvements or fixtures are what is termed “trade fixtures,” they *3do not become prima facie a part of the land.—Walker v. Tillis, 188 Ala.313 , 66 South. 54, L. R. A. 1915A, 654. Though the parties may by contract make them a part of the land just as…
2Cases cited6 opinions
- Foster v. MabeSupreme Court of Alabama · 1842
- Harris v. PowersSupreme Court of Alabama · 1876
- Broaddus v. SmithSupreme Court of Alabama · 1898
- Walker v. TillisSupreme Court of Alabama · 1914
- Powers v. HarrisSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- North British & Mercantile Ins. Co. v. SciandraSupreme Court of Alabama · 1951
- W. Harrison Price v. H. L. Coble Construction CompanyCourt of Appeals for the Fifth Circuit · 1963
- Bell, Rogers & Zemurray Bros. v. JenkinsSupreme Court of Alabama · 1930
- Dennis v. DennisCourt of Civil Appeals of Alabama · 1980
- Clements v. MortonSupreme Court of Alabama · 1917
10 more not listed; retrieve them via the Exa API.