Kirwan v. Latour
General Court of Virginia
Trover to recover damages for 48 vats and covers, stills, worms, buckets, &c. It appeared in evidence on the trial, that a house and lot belonging to the plaintiff, had been taken under a fieri facias and sold, that the defendant was the purchaser, and the sheriff, by deed, conveyed to him the house and lot therein described, with the improvements.
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Trover to recover damages for 48 vats and covers, stills, worms, buckets, &c. It appeared in evidence on the trial, that a house and lot belonging to the plaintiff, had been taken under a fieri facias and sold, that the defendant was the purchaser, and the sheriff, by deed, conveyed to him the house and lot therein described, with the improvements. This house was built for a distillery, and the implements necessary to carry on the business were on the premises at the time of the sale. objected to this action being sustained in the name of John Kirwan, the present plaintiff. He stated that on…
1Opinion of the Court
Chase, Ch. J.
The question arises upon the operation of the schedule annexed to the fieri facias, and the sheriff’s deed. It must be considered as a case between vendor and vendee, the sheriff standing in the place of vendor, and selling his right. In this' case every thing passed which was annexed to the freehold, If the deed had been for the conveyance of the house and lot only, without mentioning the improvements, if would have carried all things fixed to the freehold. The case of vendor and vendee is different from that of landlord and tenant. In the latter case the law allows the tenant…
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