Brown v. Lillie
Nevada Supreme Court
Appeal from tbe District Court of tbe First Judicial District, Storey County. Brown & Eager, tbe plaintiffs, being tbe owners of a saw mill known as tbe Eagle Mill, in Wasboe County, about October 1st, 1869, employed tbe defendant to sell it and dispose of tbe proceeds as stated in tbe opinion. Defendant sold tbe property, and as a portion of the price received promissory notes to tbe amount of three thousand dollars, which be refused to account for.
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Appeal from tbe District Court of tbe First Judicial District, Storey County. Brown & Eager, tbe plaintiffs, being tbe owners of a saw mill known as tbe Eagle Mill, in Wasboe County, about October 1st, 1869, employed tbe defendant to sell it and dispose of tbe proceeds as stated in tbe opinion. Defendant sold tbe property, and as a portion of the price received promissory notes to tbe amount of three thousand dollars, which be refused to account for. Tbe prayer of the complaint was for a delivery of tbe notes, or judgment for tbe amount of them; in case a delivery could not be bad. Tbe…
1Opinion of the Court
Ey the Court,
Lewis, C. J.:
It was a rule of the common law, that whenever an article of personal property was annexed or attached to the land it became a part of the freehold, and belonged to the owner of the latter. The property thus changed in its character by annexation to the soil, was called a fixture, and followed the realty by conveyance and descent. This is even now the general rule, but exceptions have been engrafted upon it by the Courts in favor of trade, and of certain individuals. Thus it is now the universal rule of decisions jthat things attached to the land by a tenant, for the…
2Cases cited4 opinions
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Capen v. PeckhamSupreme Court of Connecticut · 1868
- Fleeson v. Savage Silver Mining Co.Nevada Supreme Court · 1867
- Peck v. BrownNevada Supreme Court · 1869
3Cited by5 opinions
- Butner v. Western Union Telegraph CompanySupreme Court of Oklahoma · 1894
- Edmonds v. PerryNevada Supreme Court · 1943
- Joslin v. LinderSouth Dakota Supreme Court · 1910
- Brown v. Reno Electric Light & Power Co.U.S. Circuit Court for the District of Nevada · 1893
- Zimmerman v. Penn-Star Insurance CompanyDistrict Court, D. Nevada · 2024