McKiernan v. Hesse
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. In March, 1869, one Kite was in possession of the northwest quarter of section 4, township 10 south, range 2 west, Mount Diablo meridian. The land was a part of the public domain, valuable principally for the redwood timber growing upon it. Kite leased the land for ten years to Jones, and covenanted that Jones might erect a saw-mill on i t.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Cruz. In March, 1869, one Kite was in possession of the northwest quarter of section 4, township 10 south, range 2 west, Mount Diablo meridian. The land was a part of the public domain, valuable principally for the redwood timber growing upon it. Kite leased the land for ten years to Jones, and covenanted that Jones might erect a saw-mill on i t. Jones purchased, in San Francisco, an engine, boilers, and machinery, necessary to construct a mill, and sold out to one Brown, who completed the .mill. The sills or bottom…
1Opinion of the Court
By the Court:
Section 660 of the Civil Code defines what structure shall be deemed to be affixed to the freehold, and the findings show that under that section the engine and boilers were annexed to the land in the sense of that section. Being so annexed, they passed to Warren, the grantee of the United States, when he acquired the title. (Collins v. Bartlett, 44 Cal. 371; Pennybecker v. McDougall, 48 Cal. 160.) The defendant, holding under Warren, succeeded to his rights, and is, therefore, entitled to the engine and boilers. But the machinery which had been detached, and which together (with…
2Cases cited2 opinions
- Collins v. BartlettCalifornia Supreme Court · 1872
- Pennybecker v. McDougalCalifornia Supreme Court · 1874
3Cited by6 opinions
- Gosliner v. BrionesCalifornia Supreme Court · 1921
- Patterson v. ChaneyNew Mexico Supreme Court · 1918
- United Pacific Insurance v. CannCalifornia Court of Appeal · 1954
- Helstrom v. RodesUtah Supreme Court · 1906
- Hereford v. PuschArizona Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.