Beeler v. C. C. Mercantile Co.
Idaho Supreme Court
APPEAL from District Court, Kootenai County. A house or other building, which, from its size, or the materials of which it was constructed, or the manner in which it was affixed to the land, could not be removed without practically destroying it, would not, I conceive, become a mere chattel by means of any agreement which could be made concerning it.” (Ford v. Gobi, 20 N. Y. 344; Hoyle v. Railroad Go., 54 N. Y. 315, 13 Am.
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APPEAL from District Court, Kootenai County. A house or other building, which, from its size, or the materials of which it was constructed, or the manner in which it was affixed to the land, could not be removed without practically destroying it, would not, I conceive, become a mere chattel by means of any agreement which could be made concerning it.” (Ford v. Gobi, 20 N. Y. 344; Hoyle v. Railroad Go., 54 N. Y. 315, 13 Am. Rep. 595.) In the case at bar there was no severance of the hotel building from the lots of land upon which it was situated. (Lyle v. Palmer, 42 Mich. 314, 3 N. W. 921;…
1Opinion of the CourtSullivan, J.
— This action was brought to enjoin the sheriff of Kootenai county from foreclosing a chattel mortgage on a hotel building situated in Bonner’s Ferrjq under the provisions of sections 3390-3393 of the Bevised Statutes, by notice and sale, and to have said chattel mortgage declared null and void. The facts are substantially as follows: On April 11, 1900, Joseph P. Beeler executed to the C. C. Mercantile Company, Limited, five promissory notes amounting in the aggregate to $900, and to secure the payment of the same executed said chattel mortgage on the hotel building known as the…
2Cases cited3 opinions
- Burk v. HollisMassachusetts Supreme Judicial Court · 1867
- Docking v. FrazellSupreme Court of Kansas · 1888
- Docking v. FrazellSupreme Court of Kansas · 1885
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