Tillman v. De Lacy
Supreme Court of Alabama
Ax’peal from the Circuit Court of Bullock. Tried before the lion. IT. D. Clayton. This was an action for damages brought by William L. Tillman against J. W. De Lacy, for an alleged conversion by the latter of an engine, upon the following state of facts : Tillman sold a farm to W. D. and E. S. Grace, on time, taking the notes of the purchasers secured by mortgage upon the land sold.
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Ax’peal from the Circuit Court of Bullock. Tried before the lion. IT. D. Clayton. This was an action for damages brought by William L. Tillman against J. W. De Lacy, for an alleged conversion by the latter of an engine, upon the following state of facts : Tillman sold a farm to W. D. and E. S. Grace, on time, taking the notes of the purchasers secured by mortgage upon the land sold. Default was made in the payment of these notes, and Tillman foreclosed his mortgage, purchasing the land at the foreclosure sale. Before default, aud while the purchasers, W. D. and E. S. Grace, were in possession…
1Opinion of the CourtClopton, J.
Though there have been attempts in many cases to lay down general rules, no rule has been stated, which clearly defines when a chattel loses its original character, and becomes a part of the realty, to which it may be annexed. Different rules prevail, dependent on the relation of the parties; whether of grantor or grantee, landlord and tenant, or executor and heir; and also dependent on the uses for which the things are intended ; whether for the purposes of agriculture, or of trade, or of manufacture. In the present case, the governing rules, so far as dependent on the relation, are those…
2Cases cited5 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Capen v. PeckhamSupreme Court of Connecticut · 1868
- Farrar v. ChauffeteteNew York Supreme Court · 1848
- Gardner v. FinleyNew York Supreme Court · 1855
- Wight v. GraySupreme Judicial Court of Maine · 1882
3Cited by13 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Capital City Insurance v. Caldwell Bros.Supreme Court of Alabama · 1891
- Alberson v. Elk Creek Mining Co.Oregon Supreme Court · 1901
- Farmers & Merchants Bank v. SawyerAlabama Court of Appeals · 1935
- Humes v. HigmanSupreme Court of Alabama · 1906
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