Lemar v. Miles
Supreme Court of Pennsylvania
ERROR to Indiana county. This was an action of trover for a steam engine, by William Le-mar against John B. Miles, in which these facts appeared: The plaintiff being the owner of a tract of land with two salt wells upon it, entered into this agreement, dated 30th of June 1828 : “ That the said colonel William Lemar hath this day leased and doth by these presents farm let unto the said George W. Johnston and William Barker, their heirs, assigns or representatives, the…
Read the full summary
ERROR to Indiana county. This was an action of trover for a steam engine, by William Le-mar against John B. Miles, in which these facts appeared: The plaintiff being the owner of a tract of land with two salt wells upon it, entered into this agreement, dated 30th of June 1828 : “ That the said colonel William Lemar hath this day leased and doth by these presents farm let unto the said George W. Johnston and William Barker, their heirs, assigns or representatives, the property hereinafter described, for the full term of eight years from the date hereof, viz. two salt wells and works on the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—The general principle is, that a fixture erected by a tenant on demised premises, for the purpose of carrying on his trade, is personal property, and may be removed or levied on by fieri facias against him, and at his death, if not disposed of, passes to his executor. In Lawton v. Lawton, 3 Atk. 13, afire engine set up for the benefit of a colliery by a tenant for life, was considered part of his personal estate, passing to the executor as assets, and not to the remainder man as annexed to the freehold : it being for the benefit of the…
2Cases cited1 opinion
- Gray v. HoldshipSupreme Court of Pennsylvania · 1828
3Cited by15 opinions
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- Kile v. GiebnerSupreme Court of Pennsylvania · 1886
- First National Bank v. ReeseCourt of Judicial Discipline of Pennsylvania · 1947
10 more not listed; retrieve them via the Exa API.