Bircher v. Parker
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The general rule is, that whatever is once annexed to the freehold becomes part of it, and can be removed by him only who is entitled to the inheritance. Modern innovations as between landlord and tenant have excepted improvements made by the tenant for purposes of trade or manufacture — Kelsey v. Durkee, 33 Barb. 410; Moore v. Wood, 12 Abb.
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Appeal from St. Louis Circuit Court. I. The general rule is, that whatever is once annexed to the freehold becomes part of it, and can be removed by him only who is entitled to the inheritance. Modern innovations as between landlord and tenant have excepted improvements made by the tenant for purposes of trade or manufacture — Kelsey v. Durkee, 33 Barb. 410; Moore v. Wood, 12 Abb. Pr. 393; Penton v. Robart, 4 Esp. 33; Moore v. Smith, 24 Ills.; Empsen v. Soden et. als., 4 B. & Adol. 655 ; Powell v. McAshan, 28 Mo. 70Ombury v. Jones, 19 N. Y. 234; Yan Ness v. Packard, 2 Pet. 137; Pemberton v.…
1Opinion of the CourtWagner, Judge
The defendant held over after the time for which the premises were originally let, but the holding was with the consent of the landlord, and was therefore a tenancy from *120year to year, upon the same terms and conditions as those contained in the lease; and whatever erections he made while in possession of the premises, for the more beneficial enjoyment of the same, he had a right to remove before the expiration of the term, provided they could be severed without material injury to the freehold. As between landlord and tenant, the rule in regard to the removal of fixtures is most liberally…
2Cases cited5 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Ombony v. . JonesNew York Court of Appeals · 1859
- Dubois v. KellyNew York Supreme Court · 1851
- King v. WilcombNew York Supreme Court · 1849
- Kelsey v. DurkeeNew York Supreme Court · 1861
3Cited by16 opinions
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Blackwell Printing Co. v. Blackwell-Wielandy Co.Supreme Court of Missouri · 1969
- Kilbourne v. ForesterMissouri Court of Appeals · 1970
- Couch v. WelshUtah Supreme Court · 1901
- Cromie v. HooverIndiana Supreme Court · 1872
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