Legal Opinion

Muehling v. Magee

Missouri Court of Appeals

Decided March 3, 1913PublishedCited by 3 opinions

Appeal from Jasper County Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. (1) Parol evidence is not admissible to construe, vary or contradict the terms of a deed. And where the owner of the land annexes a fixture to the freehold, it becomes a part of the realty; and unless the fixture is reserved in the deed, it will pass to his grantee as a part of the realty. Heitkamp v. Granite Co., 59 Mo.

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Appeal from Jasper County Circuit Court, Division Number Two. — Hon. David E. Blair, Judge. (1) Parol evidence is not admissible to construe, vary or contradict the terms of a deed. And where the owner of the land annexes a fixture to the freehold, it becomes a part of the realty; and unless the fixture is reserved in the deed, it will pass to his grantee as a part of the realty. Heitkamp v. Granite Co., 59 Mo. App. 251; State Security Bank v. Hoskins, 130 Iowa 339, 106 N. W. 764, 8 L. B. A. (N. S,) 376; Todd v. Monsees, 160 Mo. App. 310. (2) A parol sale or reservation of a fixture annexed…

1Opinion of the Court

OPINION.

FARRINGTON, J.

(after stating the facts). — The rulings with reference to fixtures in this as well as other states cannot be entirely harmonized; but the'general tendency of the decisions, in determining what is or is to become a fixture, is to look more to the intern tion of - the parties than to physical attachment to the realty. Plenee the cases are numerous that a house, machinery, etc., may be placed on land in a permanent •manner, but if the parties by agreement show an intention that such shall not become a part of the .realty it will not so attach and will remain personalty as…

2Cases cited10 opinions

  1. Sword v. LowIllinois Supreme Court · 1887
  2. Hines v. AmentSupreme Court of Missouri · 1869
  3. Brown v. BaldwinSupreme Court of Missouri · 1894
  4. Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
  5. Neiswanger v. SquierSupreme Court of Missouri · 1880

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3Cited by3 opinions

  1. Cox v. McKinneyMissouri Court of Appeals · 1923
  2. Murphy v. HolliwayMissouri Court of Appeals · 1929
  3. Schiltz v. FergusonSupreme Court of Iowa · 1930

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