Legal Opinion

Gett v. McManus

California Supreme Court

Decided July 1, 1873No. 3,909PublishedCited by 4 opinions

Appeal from the District Court of the Sixth Judicial District, Sacramento county. The action was brought to recover the value of a brick house erected by the plaintiff on lot No. 7, in the block between H and I, Sixteenth and Seventeenth streets, city of Sacramento.

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Appeal from the District Court of the Sixth Judicial District, Sacramento county. The action was brought to recover the value of a brick house erected by the plaintiff on lot No. 7, in the block between H and I, Sixteenth and Seventeenth streets, city of Sacramento. In 1861 the lot was leased by E. A. Platt, who owned it, to the plaintiff for two years, reserving a right of re-entry for non-payment of rent, and providing that all improvements and alterations in and upon the premises during the term of the lease, should be. made at the expense of the plaintiff, and that at the expiration of…

1Opinion of the Court

By the Court:

The improvements erected by Gett, under the terms of the lease he obtained from Platt, became part of the freehold, and were the property of the lessor, and so passed by *58his deed to McManus. There is nothing appearing in the circumstances of this case which could operate to change the character of the improvements in this respect or constitute them the mere personal chattels of the plaintiff.

Judgment reversed and cause remanded with directions to dismiss the action.

2Cited by4 opinions

  1. Roanoke Marble & Granite Co. v. Standard Gas & Oil Supply Co.Supreme Court of Virginia · 1930
  2. Tunis Lumber Co. v. R. G. Dennis Lumber Co.Supreme Court of Virginia · 1899
  3. Wolfen v. Clinical Data, Inc.California Court of Appeal · 1993
  4. Boyd v. DouglassSupreme Court of Vermont · 1900

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