Wilson v. Rybolt

Suit before a justice of the peace to recover possession of personal property, viz., a certain title deed to a lot of ground. Judgment for the plaintiff, on appeal to the Common Pleas. The first question is, whether a title deed can he recovered in this form of action.

A title deed is a personal chattel; hut like the log chain of a saw mill, or certain other fixtures, it is so connected with, and essential to, the ownership of real estate, that it descends with it to the heir. Blackstone’s Comm. Book 2, p. 427; Hoskins v. Tarrence, 5 Blackf. 417.

From a very early period chancery compelled the…