Beckwith v. Boyce
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. POINTS. 1. During the term, the lessee may remove fixtures set up for trade, but after the term they become a gift in law to him in reversion, and are not removeable. Poole’s case, 1 Salkeld 368; Holmes vs. Tremper, 20 John. Rep. 29; 2 Kent’s Com. 544 and 345; Lydé vs. Russell, 1 B & A, 394; 20 vol. Com. Law Rep. 407. 2. Unless the lessee uses his privilege during the term to sever them, he cannot afterwards do it.
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ERROR to St. Louis Circuit Court. POINTS. 1. During the term, the lessee may remove fixtures set up for trade, but after the term they become a gift in law to him in reversion, and are not removeable. Poole’s case, 1 Salkeld 368; Holmes vs. Tremper, 20 John. Rep. 29; 2 Kent’s Com. 544 and 345; Lydé vs. Russell, 1 B & A, 394; 20 vol. Com. Law Rep. 407. 2. Unless the lessee uses his privilege during the term to sever them, he cannot afterwards do it. Lee vs. Risdon, 7 Taunt. 188; Colgroves vs. Dios Santos, 2 B. and Cress. 86; Gibbons on the law of Fixtures, 13 Law Library 22. 3. The tenant’s…
1Opinion of the CourtNapton, J.
This was an action of trover brought by Boyce, to recover damages *558for the alledged conversion of a quantity of lumber by Smith, the intestate of Beckwith. The plaintiff had a verdict and judgment in the circuit court.
The plaintiff claimed the lumber under a bill of sale from the sheriff of St. Louis county, who had levied on it, and sold it under two executions issued against Dickinson & Holmes. The lumber, at the time of the levy and sale, consisted of two sheds, erected on a lot belonging to Smith, the largest of which was for the purpose of making brick,— the other for drying them. -They…
2Cited by10 opinions
- Ray v. YoungSupreme Court of Iowa · 1913
- Big Horn Lumber Co. v. DavisWyoming Supreme Court · 1906
- Central Trust Co. v. Chicago, K. & T. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1893
- Cox v. McKinneyMissouri Court of Appeals · 1923
- Badger Lumber Co. v. W. F. Lyons Ice & Power Co.Missouri Court of Appeals · 1913
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