Sands v. Pfeiffer
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Action of replevin. In October, 1855, the defendant, Pfeiffer, executed to the plaintiffs a mortgage upon certain premises, situated in the city of San Francisco, to secure a loan made on that day of ten thousand dollars.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Action of replevin. In October, 1855, the defendant, Pfeiffer, executed to the plaintiffs a mortgage upon certain premises, situated in the city of San Francisco, to secure a loan made on that day of ten thousand dollars. Pfeiffer was at the time erecting upon the premises a flour-mill, and it was the understanding of the parties that the machinery, which is the subject of the present action, should be placed in the mill, and, in point of fact, was so placed within a few days after the execution of the…
1Opinion of the Court
Field, J., after stating the facts, delivered the opinion of the Court
2ConcurrenceTerry, C. J.
The material questions for consideration are: first, whether the machinery in controversy was so fixed to the real property as to pass by the sheriff’s deed; and, second, if so, whether upon its severance it became personal property so as to be recoverable in the present action.
*264The general rule of law is, that whatever is once annexed to the freehold becomes parcel thereof, and passes with the conveyance of the estate. Though the rule has been in modern times greatly relaxed, as between landlord and tenant, in relation to…
3Cases cited10 opinions
- Mooers v. WaitNew York Supreme Court · 1829
- Morgan v. VarickNew York Supreme Court · 1832
- Cresson v. StoutNew York Supreme Court · 1819
- President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818
- Schermerhorn v. BuellNew York Supreme Court · 1847
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4Cited by15 opinions
- Pennybecker v. McDougalCalifornia Supreme Court · 1874
- Cutler v. KellerWashington Supreme Court · 1915
- McNally v. ConnollyCalifornia Supreme Court · 1886
- Central Branch Railroad v. FritzSupreme Court of Kansas · 1878
- Anderson v. HaplerIllinois Supreme Court · 1864
10 more not listed; retrieve them via the Exa API.