Vail v. Weaver
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 101 January Term 1890, Sup. Ct.; court below, No. 35 March Term 1887, C. P. On January 4, 1887, Carl M. Vail brought replevin against John Mundell and H. P. Weaver, for an engine, dynamo and appliances, constituting an electric light plant. Defendant Mundell pleaded non detinet and H. P. Weaver pleaded property.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 101 January Term 1890, Sup. Ct.; court below, No. 35 March Term 1887, C. P. On January 4, 1887, Carl M. Vail brought replevin against John Mundell and H. P. Weaver, for an engine, dynamo and appliances, constituting an electric light plant. Defendant Mundell pleaded non detinet and H. P. Weaver pleaded property. At the trial on March 18, 1889, the plaintiff showed title to the property as the purchaser of it, as an employee and agent of Westinghouse, Church, Kerr & Co., at an execution sale under a judgment in favor…
1Per curiam
The principal question in this case was, whether the machinery and fixtures of the electric plant, which were placed in the tack-works, were placed there permanently or not. If they were temporary fixtures, placed there for a temporary purpose, their sale under the writ of fieri facias passed a good title. Mere physical annexation is no longer the rule. It is a question of intention. The intention to annex, whether rightfully or wrongfully, is the legal criterion: Hill v. Sewald, 53 Pa. 271; Seeger v. Pettit, 77 Pa. 437; Morris’s App., 88 Pa. 368. This question was submitted to the jury by…
2Cases cited3 opinions
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- Morris's AppealSupreme Court of Pennsylvania · 1879
- Seeger v. PettitSupreme Court of Pennsylvania · 1875
3Cited by26 opinions
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- Pennsylvania Chocolate Co. v. Hershey Bros.Supreme Court of Pennsylvania · 1934
- Exler v. Wickes Bros.Supreme Court of Pennsylvania · 1919
- American Laundry MacHinery Co. v. Miners Trust Co.Supreme Court of Pennsylvania · 1932
- Kinnear v. Scenic Railways Co.Supreme Court of Pennsylvania · 1909
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