Matter of City of New York (Allen St.)

In. England, it is the undoubted opinion of text-writers and judges alike, that chattels annexed by a tenant to real estate and removable by him during his term, pending the annexation, are part and parcel of the freehold. According to the former, a tenant’s fixtures are “ interests in land, defeasible by the act of the tenant who has the right to remove them ” (Brown on Fixtures, p. 83); they are “ part and parcel of the franlc-tenement or freehold, so long as they continued annexed to it ” (Id.); “ the circumstance of the property being subject to a right of removal, and of being…