Sturgis v. Warren
Supreme Court of Vermont
This was an action of trespass for taking wool, cloth,machinery, factory bell, &c. Plea, not guilty, with a notice that the defendant, as deputy sheriff,took the articles on process, as the property of the Green Mountain Woolen Manufacturing Company. On the trial in the county court it appeared that on the 6th day of January, 1837, the Green Mountain Woolen Manufacturing Co. mortgaged to Whitwell & Bond their factory and the machinery therein.
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This was an action of trespass for taking wool, cloth,machinery, factory bell, &c. Plea, not guilty, with a notice that the defendant, as deputy sheriff,took the articles on process, as the property of the Green Mountain Woolen Manufacturing Company. On the trial in the county court it appeared that on the 6th day of January, 1837, the Green Mountain Woolen Manufacturing Co. mortgaged to Whitwell & Bond their factory and the machinery therein. On the 22d day of April, the mortgagors then still remaining in possession, the defendant, as deputy sheriff, attached the machinery as the property of…
1Opinion of the CourtCollamer, J.
Whether an article is a fixture, and so actually a part of the freehold, or whether it may be treated as personal property, depends, in England, on a variety of considerations, and, among others, upon the question of who affixed it. When affixed by the owner of the freehold, they are considered as a part of the freehold, and, as between the executor and heir, they pass, with the inheritance, to the heir. The same rule obtains between a grantor and grantee.— When put on by a tenant, and for the purposes of trade and manufacture, they are considered personal property, and may be removed during…
2Cited by8 opinions
- Buckley v. BuckleyNew York Supreme Court · 1850
- Zangerle v. Standard Oil Co.Ohio Supreme Court · 1945
- Hill v. WentworthSupreme Court of Vermont · 1856
- McGonigle v. AtchisonSupreme Court of Kansas · 1885
- Fullam v. FosterSupreme Court of Vermont · 1896
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