Leonard v. Stickney
Massachusetts Supreme Judicial Court
Replevin of “ four marble slabs, four cast-iron screens, one cast-iron grate and one iron front-piece used for the grate and fireplace.”
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Replevin of “ four marble slabs, four cast-iron screens, one cast-iron grate and one iron front-piece used for the grate and fireplace.” Writ dated November 15, 1880. At the trial in the Superior Court, before Enowlton, J., the plaintiff put in a deed from the defendant to him, executed and delivered on October 12, 1880, of a certain lot of land with the buildings thereon, “ together with all the trees, shrubbery, fences, fountain, basin and pipes connected therewith, now upon said lot; also all steam-heating apparatus and its connections; all chandeliers, all gas and water fixtures, all…
1Opinion of the CourtDevens, J.
The rule as to fixtures to be applied was that which obtains between grantor and grantee. Whatever the owner in fee of an estate annexes to it for the better enjoyment of it, is presumed to be done for its improvement, and thus becomes a part of the realty. The object, the effect and the mode of annexation are all to be considered in determining whether any specific articles are movable fixtures. McLaughlin *543v. Nash, 14 Allen, 136. Pierce v. George, 108 Mass. 78. McCornell v. Blood, 123 Mass. 47. Articles of furniture merely, although fastened to the walls for safety or convenience, do not…
2Cases cited7 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- McConnell v. BloodMassachusetts Supreme Judicial Court · 1877
- Southbridge Savings Bank v. Exeter Machine WorksMassachusetts Supreme Judicial Court · 1879
- Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Teater v. Good Hope Development Corp.California Supreme Court · 1939
- Hamlen v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1935
- Maguire v. ParkMassachusetts Supreme Judicial Court · 1885
- West v. American Tel. & Tel. Co.Court of Appeals for the Sixth Circuit · 1941
- Houle v. AbramsonMassachusetts Supreme Judicial Court · 1911
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