C. W. Raymond Co. v. Ball
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of' Illinois; J. Otis Humphrey, Judge. Suit in equity by the C. W. Raymond Company against Grace Ball. Decree for defendant, and complainant appeals.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of' Illinois; J. Otis Humphrey, Judge. Suit in equity by the C. W. Raymond Company against Grace Ball. Decree for defendant, and complainant appeals. This appeal is from a decree whereby the appellant’s bill for enforcement of its claim of title to property — alleged to be reserved as personal property, although attached to real estate owned by the conditional vendee thereof — is dismissed for want of equity. The property involved in the suit consists of two brick presses- — each about…
1Opinion of the CourtSeaman, Circuit Judge
(after stating the facts as above). The issue of title to the two brick presses in controversy arises between the party who furnished them for installation in the mortgagor’s plant and the prior mortgagee of the real estate, with all material facts either stipulated or undisputed. Thus the appeal from the decree in favor of such mortgagee presents the simple question of law: Were the chattels so furnished by the appellant converted, into real estate, as irremovable fixtures, through their erection and use in the manufacturing plant, notwithstanding its attempted reservation of title thereto…
2Cases cited13 opinions
- Binkley v. ForknerIndiana Supreme Court · 1889
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Sword v. LowIllinois Supreme Court · 1887
- Dobschuetz v. HollidayIllinois Supreme Court · 1876
- Fifield v. Farmers' National BankIllinois Supreme Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gerstell v. ShirkCourt of Appeals for the Seventh Circuit · 1913
- Omaha Loan & Building Ass'n v. BigelowNebraska Supreme Court · 1937