Fitzgerald v. Anderson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. Replevin to recover a frame dwelling-house, sixteen by twenty feet in size, standing upon blocks upon appellant’s land. The house was built by one Rudd while in possession of the premises as tenant of Anderson. When Rudd left the premises he sold the house- to Fitzgerald,, who sublet the house to one Eastman.
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APPEAL from the Circuit Court for Douglas County. Replevin to recover a frame dwelling-house, sixteen by twenty feet in size, standing upon blocks upon appellant’s land. The house was built by one Rudd while in possession of the premises as tenant of Anderson. When Rudd left the premises he sold the house- to Fitzgerald,, who sublet the house to one Eastman. Afterwards Fitzgerald, prepared to move the house off from appellant’s land, and appellant stopped the removal, whereupon this action was brought by Fitzgerald. Upon the trial a verdict for respondent was directed and rendered and from…
1Opinion of the CourtWiNsnow, J.
It is settled that landlord and tenant may, by their agreements, treat as personal property improvements which would otherwise be part of the realty, and thus convert them into personal property to all intents and purposes as between themselves. Smith v. Waggoner, 50 Wis. 155. It is also settled that the right to remove such improvements must ordinarily be exercised by the tenant while still in possession under his lease, or it will be lost. Keogh v. Daniell, 12 Wis. 164; Josslyn v. McCabe, 46 Wis. 591.
*343It appearing here that Eucld, the original tenant and builder of the building, abandoned…
2Cases cited2 opinions
- Smith v. WaggonerWisconsin Supreme Court · 1880
- Josslyn v. McCabeWisconsin Supreme Court · 1879
3Cited by19 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Berg v. ScullySupreme Court of Kansas · 1926
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- Hart v. HartWisconsin Supreme Court · 1903
- Rolfs v. Comm'rUnited States Tax Court · 2010
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