McGorrisk v. Dwyer
Supreme Court of Iowa
Appeal from Henry District Court. — Hon. R. C. Henry, Judge. • Action in replevin for a certain track scale. The facts are substantially as follows: About the first of January, 1886, the Winfield Mill and Elevator Company leased of the Burlington and Northwestern Railway Company a part of its right of way near its railway track, for the purpose of erecting and operating a grain elevator, and erected the same in the spring following.
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Appeal from Henry District Court. — Hon. R. C. Henry, Judge. • Action in replevin for a certain track scale. The facts are substantially as follows: About the first of January, 1886, the Winfield Mill and Elevator Company leased of the Burlington and Northwestern Railway Company a part of its right of way near its railway track, for the purpose of erecting and operating a grain elevator, and erected the same in the spring following. The Winfield Mill and Elevator Company purchased of Borden, Sellock & Co. a forty-ton track scale, which was delivered in July, 1886, and at once placed in…
1Opinion of the CourtGranger, J.
I. There is a concession in argument by both parties that the elevator covered by the mortgage as well as the scale in controversy are chattel property; that there is no freehold estate to which the term “fixture” can apply. The case presents this question: Is the track scale a fixture belonging to the elevator building? The question has led counsel in argument to consider the legal significance or application of the word “fixture,” and it is urged by appellant that, as a legal term, it depends upon the real estate for its support, and that, as appellee regards and treats the elevator…
2Cases cited1 opinion
- Congregational Society v. FlemingSupreme Court of Iowa · 1861
3Cited by7 opinions
- Thomson v. SmithSupreme Court of Iowa · 1900
- Hannon v. KellyWisconsin Supreme Court · 1914
- Waldo Fertilizer Works, Inc. v. DickensSupreme Court of Arkansas · 1944
- Brownell & Co. v. FullerNebraska Supreme Court · 1900
- Norfolk Packing Co. v. American InsuranceNebraska Supreme Court · 1930
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