Columbia Lumber Co. v. Bothell Dairy Farm

(dissenting) — In my judgment, the majority has lost sight of the common law, which is the rule of decision in this state, and has legislated into the statute something which the legislature might have written in, but utterly failed so to do.

At common law, unless a contrary intention is clearly manifest, a building or other structure, as erected stick by stick and stone by stone, becomes a part of the real estate upon which it is situate. In those instances only where a contrary intent is clearly manifest, does the building remain personal property, a separate entity and removable.

The…