State Savings Bank v. Kercheval
Supreme Court of Missouri
Appeal from Buchanan Circuit Court—ITon. Jos. P. Grubb, Judge. This was a suit to enjoin defendants from removing a frame building.
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Appeal from Buchanan Circuit Court—ITon. Jos. P. Grubb, Judge. This was a suit to enjoin defendants from removing a frame building. The petition stated that defendant Kercheval was the owner of certain lots, which he had conveyed to a trustee for plaintiff', together with all the fixtures, machinery and other articles on the lots, composing a complete flouring mill; that this conveyance was made to secure loans of money made by plaintiff to defendant, Kercheval, who had since become insolvent, leaving a large amount due plaintiff; that plaintiff had no means of collecting his debt other than…
1Opinion of the CourtHenry, J.
The questions for consideration here are : 1st. Wasthebuildingwhichitisallegedthe defendants were about to remove, personal property ?
2nd. If not, would an action for damages have afforded a,n adequate remedy ?
It must be admitted that the law in regard to fixtures is in a somewhat chaotic state. It is frequently difficult to determine, upon principle, whether an article of property is a fixture or not. There is a most embarrassing conflict in the adjudged cases. On grounds of public policy, to encourage trade, manufactures and agriculture, many things are regarded as chattels in controversies…
2Cited by24 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Turner v. StewartSupreme Court of Missouri · 1883
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Gordon v. MansfieldMissouri Court of Appeals · 1900
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
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