Union Bank & Trust Co. v. Fred W. Wolf Co.
Tennessee Supreme Court
PROM DAVIDSON. Appeal from tbe Chancery Court of Davidson County. —John Allison, Chancellor. STATEMENT OP PACTS MADE BY MR. JUSTICE NEIL. Contest for priority between the seller of machinery, under a conditional sale, for an ice plant, and subsequent mortgagees of the same property, without notice, after it was attached to the plant.
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PROM DAVIDSON. Appeal from tbe Chancery Court of Davidson County. —John Allison, Chancellor. STATEMENT OP PACTS MADE BY MR. JUSTICE NEIL. Contest for priority between the seller of machinery, under a conditional sale, for an ice plant, and subsequent mortgagees of the same property, without notice, after it was attached to the plant. The facts, so far as necessary to be stated, are as follows : On the twenty-fourth of January, 1899, the Fred W. Wolf Company entered into a contract with the Con- ' sumers’ Ice, Coal & Cold Storage Company, whereby the former sold to the latter machinery to the…
1Opinion of the CourtJustice Neil
We are referred by counsel for the defendants to Mo-David v. Wood, 5 Heisk., 95, as authority for the proposition that the intention of the parties in affixing things to land will generally determine whether, on being so attached, they become fixtures, and so a part of the realty. In that case the rule contended for is enunciated in the following language: “Look first to the intention with which the thing, which may be a fixture by annexing it to the freehold, was annexed, and. if it is found that it was the intention of the owner of the freehold to make the erection for the permanent use and…
2Cases cited15 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Prince v. CaseSupreme Court of Connecticut · 1835
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Climer v. WallaceSupreme Court of Missouri · 1859
- Powers v. DennisonSupreme Court of Vermont · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Washburn v. Inter-Mountain Mining Co.Oregon Supreme Court · 1910
- Memphis Housing Authority v. Memphis Steam Laundry-Cleaners, Inc.Tennessee Supreme Court · 1971
- Knoxville Gas Co. v. W. I. Kirby & SonsTennessee Supreme Court · 1930
- Farrar v. N. C. & St. L. Ry.Tennessee Supreme Court · 1931
- Harry J. Whelchel Co. v. KingTennessee Supreme Court · 1980
24 more not listed; retrieve them via the Exa API.