Home Bond & Mortgage Corp. v. Alabama Utilities Service Co.

The suit is in detinue to recover one “Bryant” gas furnace with thermostat. The suit was originally against one Sharrer who filed a disclaimer and suggested the Home Bond & Mortgage Corporation, from whom he had leased the house in which the furnace had ■been placed, as the interested party,' and said corporation was thereupon duly substituted as defendant. The cause was tried before the court without a jury and on oral proof, resulting in a judgment for the plaintiff, from which defendant prosecutes this appeal.

The defendant first insists the furnace was a fixture and a part of the realty; a…