McIver v. Estabrook
Massachusetts Supreme Judicial Court
Replevin of a building. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: In 1862, James Estabrook, senior, the father of the defendants, and Arthur E. Estabrook, one of the defendants, were the owners of an estate, consisting of a tract of land, with a large building between four hundred and five hundred feet long, used for manufacturing purposes, and occupied by various persons, to whom the…
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Replevin of a building. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows: In 1862, James Estabrook, senior, the father of the defendants, and Arthur E. Estabrook, one of the defendants, were the owners of an estate, consisting of a tract of land, with a large building between four hundred and five hundred feet long, used for manufacturing purposes, and occupied by various persons, to whom the Estabrooks rented rooms and power. In 1862, Richardson, Merriam & Company hired of them room in said building with power, which…
1Opinion of the Court
W. Allen", J.
Richardson, Merriam & Company, being tenants at will of Cleveland & Company, who were tenants for years of the Estabrooks, erected the building in question. The building, unless affected by some special act or agreement of the parties, was a fixture which the tenant had a right to remove at or before the end of his term. It became, when erected, a part of the realty, subject to the right of the tenant to sever it from the realty and convert it into personalty. If the tenancy at will should end before the estate for years, and the tenant at will had not removed the fixture,, it…
2Cases cited1 opinion
- Watriss v. First National Bank of CambridgeMassachusetts Supreme Judicial Court · 1878
3Cited by8 opinions
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
- Woodman v. ShepardMassachusetts Supreme Judicial Court · 1921
- Dodge v. HallMassachusetts Supreme Judicial Court · 1897
- Anthony v. RockefellerMissouri Court of Appeals · 1903
- Trask v. LittleMassachusetts Supreme Judicial Court · 1902
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