Legal Opinion

Ingold v. Phoenix Assurance Co.

Supreme Court of North Carolina

Decided March 23, 1949PublishedCited by 34 opinions

1Opinion of the CourtBauNhill, J.

Tbe appeal of the plaintiff poses two questions for decision: (1) Was plaintiff the sole owner of the building destroyed by fire and as such entitled to the proceeds of the fire insurance policy sued on, and if not (2) Did the court below make proper apportionment of the recovery on said policy?

Whatever is so firmly affixed or annexed to the freehold as to become thoroughly and substantially a part of the realty cannot afterward be removed except by him who is entitled to the inheritance. And so, as a general rule, a building on land is considered a part of the realty, or at least it is so…

2Cases cited26 opinions

  1. Whichard v. LipeSupreme Court of North Carolina · 1942
  2. Kutter v. SmithSupreme Court of the United States · 1865
  3. Frost v. SchinkelNebraska Supreme Court · 1931
  4. Brown v. . WardSupreme Court of North Carolina · 1942
  5. Coley v. . DalrympleSupreme Court of North Carolina · 1945

21 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Wade v. WadeCourt of Appeals of North Carolina · 1985
  2. Johnnie A. Canady Nancy Canady v. Crestar Mortgage Corporation, Johnnie A. Canady Nancy Canady v. Crestar Mortgage CorporationCourt of Appeals for the Fourth Circuit · 1997
  3. Dobias v. WhiteSupreme Court of North Carolina · 1954
  4. Little v. National Service Industries, Inc.Court of Appeals of North Carolina · 1986
  5. Harris v. North Carolina Farm Bureau Mutual InsuranceCourt of Appeals of North Carolina · 1988

29 more not listed; retrieve them via the Exa API.

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