Handler v. Horns

The opinion of the court was delivered by

Aokeesoit, J.

Defendants appeal from a decree of the former Court of Chancery, in a suit instituted for partition of certain real estate, and the sole question presented is whether or not certain fixtures installed therein by a tenant are removable as chattels.

In 1929, Henry Horns and his wife Augusta leased to their son, Pred Horns, the premises in question consisting of a five-story brick building on Mulberry Street, Newark, New Jersey, theretofore occupied by a dealer in seeds and garden supplies, who used the first floor as a' store and the upper…