Everitt v. Higgins

SUBSTITUTE OPINION

The Court’s prior opinion dated June 26, 1992, is hereby withdrawn.

WALTERS, Chief Judge.

This case arises from a dispute between parties to a real estate contract and concerns the ownership of a wood cook stove. On appeal from a decision upholding the trial court’s determination that the stove was the personal property of the seller, the purchaser argues (1) that the stove was a fixture passing to him by deed with the real estate, and, alternatively, (2) that the stove passed to him under the terms of the real estate contract. For the reasons explained below, we affirm.

FACTS

Th…