Loan v. Gregg
Missouri Court of Appeals
Appeal from the Buchanan Circuit Gowrt. — Hon. Henry M. Ramey, Judge. The testimony shows that the mirror was an over-top, a part of a mantel made according to special drawings; that it was designed alone for and built into this particular house. Every test of a fixture is present'; adaptability, annexation, and intention to make a per- • manent accession.
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Appeal from the Buchanan Circuit Gowrt. — Hon. Henry M. Ramey, Judge. The testimony shows that the mirror was an over-top, a part of a mantel made according to special drawings; that it was designed alone for and built into this particular house. Every test of a fixture is present'; adaptability, annexation, and intention to make a per- • manent accession. These are matters of fact for a jury, of which in this case there is not merely some evidence, but the clearest and most satisfactory proof. Gooclin v. Association, 5 Mo. App. 294; Cooke v. McNeil, 49 Mo. App. 81; Ward v. Kilpatrick 85 N.…
1Opinion of the CourtSmith, P. J.
This is an action of replevin, to recover the possession of an “overtop mantel mirror,” alleged to have been wrongfully taken by defendant from the plaintiff’s dwelling house.
It appears from the abstract of the evidence that the house in question was built by H. E. Barnard, who sold it with all furniture in it to the defendant, and that the latter sold it to a Mr. Lindsay, who sold it to plaintiff. It seems further that the defendant continued *583to occupy the house after his sale, as a tenant. When he quit the house and removed therefrom he carried away the mirror in controversy.
The undisputed…
2Cases cited3 opinions
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880
- Cooke v. McNeilMissouri Court of Appeals · 1892
3Cited by3 opinions
- Glueck & Co. v. PowellMissouri Court of Appeals · 1933
- Centre Associates, Inc. v. Marla Jean, Inc. (In Re Marla Jean, Inc.)United States Bankruptcy Court, W.D. Missouri · 1982
- Cranston v. BeckSupreme Court of New Jersey · 1903