Hill v. Mundy
Court of Appeals of Kentucky
Case 7 — PETITION ORDINARY 4PPEAL FROM OWEN CIRCUIT COURT. Ice having been placed in an ice-house, built above ground, was, by its very nature, essentially a chattel, being- incapable of annexation; and, by no reasonable intendment, a permanent accession to the freehold, and not a fixture, hut an emblement, and, therefore, the property of the appellant.
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Case 7 — PETITION ORDINARY 4PPEAL FROM OWEN CIRCUIT COURT. Ice having been placed in an ice-house, built above ground, was, by its very nature, essentially a chattel, being- incapable of annexation; and, by no reasonable intendment, a permanent accession to the freehold, and not a fixture, hut an emblement, and, therefore, the property of the appellant. To constitute a thing a fixture, so as to pass with the realty, there must he actual or constructive annexation, adaptation to the use to which the realty is applied, and intention on the part of the person making- the annexation that it shall…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
About April 1, 1887, the appellant, Thomas C. Hill, sold and conveyed to the appellee, Lizzie Gr. Mundy, the “Exchange Hotel,” in the town of Owenton. There was an ice-house upon the premises, which, at the time, was nearly full of ice. Nothing was said between the parties during the negotiation of the trade, nor in the deed, nor when possession was given to the vendee, as to the ice. There was no reservation by the vendor of any right to enter upon the premises and use or remove it. Soon after the purchase the appellee locked the ice-house, and…
2Cited by4 opinions
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- First State Bank of Eubank v. Crab Orchard Banking Co.Court of Appeals of Kentucky (pre-1976) · 1934
- Scanlon v. ScanlonCourt of Appeals of Kentucky · 2018