Woods v. McCall
Supreme Court of Georgia
Trover. Actions. Damages. Before Judge CRISP. Sumter Superior Court. October Adjourned Term, 1880. McCall brought trover against Dykes for a cotton screw. Defendant died, and his executrixes were made parties. On the trial it appeared that plaintiff’s son bought the screw, and had it put up on certain land held by him; that it was erected as a fixture; that plaintiff had bought the land with the screw on it; that Dykes had carried it away taking down the iron portions.
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Trover. Actions. Damages. Before Judge CRISP. Sumter Superior Court. October Adjourned Term, 1880. McCall brought trover against Dykes for a cotton screw. Defendant died, and his executrixes were made parties. On the trial it appeared that plaintiff’s son bought the screw, and had it put up on certain land held by him; that it was erected as a fixture; that plaintiff had bought the land with the screw on it; that Dykes had carried it away taking down the iron portions. Value for hire was also proved, and refusal to deliver. Defendant moved for a non-suit, on the ground that trover would not…
1Opinion of the Court
Jackson, Chief Justice.
1. Two questions are made in this record and insisted on here. The first is that trover cannot be brought to recover a cotton screw, because it is a permanent fixture.But the reply is that the defendant had detached it from the plaintiff’s realty and moved and affixed it to his own. When he detached it, it became that thing for which trover would lie, and the conversion was complete at that moment and the right of action then arose, and this right could not be defeated by the defendant’s fastening this chattel to his own real estate.
2. The other point is that the court…
2Cited by15 opinions
- O'Neill Manufacturing Co. v. WoodleySupreme Court of Georgia · 1903
- Jaques v. StewartSupreme Court of Georgia · 1888
- Wilson-Weesner-Wilkinson Co. v. CollierCourt of Appeals of Georgia · 1940
- Burpee v. Athens Production Credit Asso.Court of Appeals of Georgia · 1941
- Camp v. HortonSupreme Court of Georgia · 1909
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