Patton v. Moore
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Ritchie, rendered on the 29th day of October, 1878, in a cause in chancery in said court then pending, wherein Wilson Patton, Samuel Malone and John M. Brown were plaintiffs, and B. F. Moore and others were defendants, allowed upon the petition of said Moore.
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Appeal from and supersedeas to a decree of the circuit court of the county of Ritchie, rendered on the 29th day of October, 1878, in a cause in chancery in said court then pending, wherein Wilson Patton, Samuel Malone and John M. Brown were plaintiffs, and B. F. Moore and others were defendants, allowed upon the petition of said Moore. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from : Johnson, Judge, furnishes the following statement of the ease: In December, 1877, the plaintiffs filed their bill in the circuit court of Ritchie county, alleging that…
1Opinion of the Court
JOHNSON, JUDGE,
delivered the following opinion of the Court:
Syflabns 1. That a steam engine and boiler, burrs and mill-irons necessary ~o the running of a mill as such are fixtures, is not now an open question. We have no hesitation in approving the conclusion of the Court in Green v. Phillips et al., 26 Gratt. 752, which is, that the true rule in determining what are fixtures in a manufacturing estab-inent, where the land and buildings are owned by the manufacturer is, that where the machinery is permanent in its character, and essential to the purposes for which the building is occupied, it…
2Cases cited6 opinions
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