Legal Opinion

Boyd v. Douglass

Supreme Court of Vermont

Decided November 30, 1900PublishedCited by 1 opinion

Trespass, to determine the right of a tenant to remove a certain building from premises in question. Trial by court, Windham County, March Term, 1900, Start, J., presiding. By agreement of counsel the facts were found and filed by the presiding judge in vacation. Judgment on facts found for the defendant to recover his costs. The plaintiff excepted.

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Trespass, to determine the right of a tenant to remove a certain building from premises in question. Trial by court, Windham County, March Term, 1900, Start, J., presiding. By agreement of counsel the facts were found and filed by the presiding judge in vacation. Judgment on facts found for the defendant to recover his costs. The plaintiff excepted. The lease in question, the terms of which are sufficiently set out in the opinion, was dated and recorded June 27, 1896. Thereafter the building in question was erected on the demised premises by the lessee under his lease. On the 19th day of…

1Opinion of the CourtMunson, J.

If the nature, purpose and manner of annexation of the building in question are such as would ordinarily make it removable by the tenant, the defendant is nevertheless precluded from removing it by the character of the lease. The lease is for five years without reservation of rent, requires the erection of a specified building in one year on pain of forfeiture, and gives no right of removal. The building erected under this lease cannot be treated as a removable fixture. A tenant’s right of removal rests upon the ground that the fixture is annexed for his own benefit, and not to enhance the…

2Cases cited3 opinions

  1. Peirce v. GriceSupreme Court of Virginia · 1896
  2. Gett v. McManusCalifornia Supreme Court · 1873
  3. Mayor v. Brooklyn Fire InsuranceNew York Supreme Court · 1864

3Cited by1 opinion

  1. Star Distillery Co. v. Mihalovitch-Fletcher Co.Ohio Superior Court, Cincinnati · 1909

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