Moody v. Aiken
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. E. S. Walker. September 4, 1876, Aiken, plaintiff below, brought suit against appellants and J. W. Ozment to recover an iron safe and burglar-proof combination-lock chest, together of the alleged value of $1,600, of which appellee claimed to be the owner on the 1st day of January, 1876, and which appellants refused to deliver to him on demand; which property was alleged to be of the value of $25 per month from the 1st day of…
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Appeal from Anderson. Tried below before the Hon. E. S. Walker. September 4, 1876, Aiken, plaintiff below, brought suit against appellants and J. W. Ozment to recover an iron safe and burglar-proof combination-lock chest, together of the alleged value of $1,600, of which appellee claimed to be the owner on the 1st day of January, 1876, and which appellants refused to deliver to him on demand; which property was alleged to be of the value of $25 per month from the 1st day of January, 1876, and which plaintiff claimed as damages for the wrongful detention of the safe and chest. The defendants,…
1Opinion of the Court
Bonner, Associate Justice.
This case involves the discussion of the subjects of fixtures to the extent of deciding that if the iron safe and chest in controversy is, under the circumstances disclosed by the testimony, a fixture, it is a removable one, the sale of which does not come within the provisions of the statute of frauds.
Appellee, David A. Aiken, on the 11th day of September, 1876, brought suit against J. W. Ozment and appellants, Moody & Jemison, to recover an iron safe and burglar-proof combination-lock chest, of the alleged value of $1,600. He claims to have been the owner thereof…
2Cases cited3 opinions
- Hutchins v. MastersonTexas Supreme Court · 1877
- Kiene v. GmehleSupreme Court of Iowa · 1892
- Folger v. KennerSupreme Court of Louisiana · 1872
3Cited by22 opinions
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
- O'Neal v. QuilterTexas Supreme Court · 1921
- Jones v. BullTexas Supreme Court · 1892
- Harkey v. CainTexas Supreme Court · 1887
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