Johnston v. Philadelphia Mortgage & Trust Co.
Supreme Court of Alabama
Appear from the City Court of Birmingham. Tried before the lion. W. W. Wirkerson. This was an action of detinue brought by Joseph F. Johnston, who sues as receiver of the Francis-Vander-griff Shoe Company, against the Philadelphia Mortgage and Trust Company to recover “one hundred and seventy-six feet of shelving and drawers” in a storehouse in the city of Birmingham, known and designated as No. 2022. on Second Avenue.
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Appear from the City Court of Birmingham. Tried before the lion. W. W. Wirkerson. This was an action of detinue brought by Joseph F. Johnston, who sues as receiver of the Francis-Vander-griff Shoe Company, against the Philadelphia Mortgage and Trust Company to recover “one hundred and seventy-six feet of shelving and drawers” in a storehouse in the city of Birmingham, known and designated as No. 2022. on Second Avenue. The defendant pleaded the -general issue and set up by special plea the fact that the shelving and‘drawers sued for were fixtures in the store building and had become the…
1Opinion of the CourtDowdell, J.
It is conceded in argument and the evidence without dispute shows that the shelving and drawers, the subject-matter of this suit, were affixed to the building or store-house by the owner of. the house and *521lot and thereby became a part of the realty. And that said 'Shelving and drawers remained without physical severance or change from the time when so affixed by the owner down to the commencement of this suit. The plaintiff bases his right of recovery on a claim of title in the Francis-Vandergriff Shoe Co., a corporation, of which he is the receiver. The alleged title to the…
2Cases cited5 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- Broaddus v. SmithSupreme Court of Alabama · 1898
- Seymour & Co. v. FarquharSupreme Court of Alabama · 1890
3Cited by9 opinions
- Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
- R. B. Spencer & Co. v. BrownCourt of Appeals of Texas · 1917
- Clements v. MortonSupreme Court of Alabama · 1917
- Esbjornsson v. Buffalo Insurance Co.Supreme Court of Minnesota · 1958
- Birmingham Water Works Co. v. BaileyAlabama Court of Appeals · 1912
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