Hanrahan v. O'Reilly
Massachusetts Supreme Judicial Court
Bill in equity filed February 25,1869, by the grantee of real estate in Springfield, consisting of a lot of land with a building thereon, to enjoin a tenant of the grantor, subject to whose lease the plaintiff bought the premises, from removing some bowling alleys from the building. An interlocutory injunction was granted; and an answer filed in which the defendant claimed the right to remove the alleys as trade fixtures.
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Bill in equity filed February 25,1869, by the grantee of real estate in Springfield, consisting of a lot of land with a building thereon, to enjoin a tenant of the grantor, subject to whose lease the plaintiff bought the premises, from removing some bowling alleys from the building. An interlocutory injunction was granted; and an answer filed in which the defendant claimed the right to remove the alleys as trade fixtures. At the hearing before the chief justice, it appeared that on August 1, 1864, the plaintiff’s grantor leased to the defendant for four years and seven months “ the second…
1Opinion of the CourtAmes, J.
The original rule of the common law subjected everything that was affixed to the freehold to the law governing the freehold. But the law of fixtures has grown into a system, which almost renders the right of removal a general rule, instead of an exception. The ancient rule has been especially relaxed, and rendered more liberal, in its application to the relation of landlord and tenant. It seems now to be well established by the cases, that things which the tenant has at his own expense affixed to the freehold for purposes of ornament or domestic convenience, or for purposes of trade, business…
2Cases cited1 opinion
- Van Ness v. PacardSupreme Court of the United States · 1829
3Cited by15 opinions
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- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
- Consiglio v. CareyMassachusetts Appeals Court · 1981
- John P. Squire & Co. v. City of PortlandSupreme Judicial Court of Maine · 1909
- Smith v. Bay State Savings BankMassachusetts Supreme Judicial Court · 1909
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