Legal Opinion

Pendley Brick Co. v. Hardwick & Co.

Court of Appeals of Georgia

Decided May 4, 1909No. 1328PublishedCited by 9 opinions

Levy and claim, from city court of Dalton — Judge Longley. June 25, 1908.

1Opinion of the CourtPowell, J.

1. "Whether an article of personalty- connected with or attached to realty becom.es a part of the realty, and therefore such a fixture that it can not be removed therefrom, depends upon the circumstances under which the article was placed upon the realty, the uses to which it is adapted, and the parties who are at issue as to whether such an article is realty or detachable personalty.” Wolff v. Sampson, 123 Ga. 402 (51 S. E. 335). Where it is doubtful, under all the circumstances, whether the article in question is personalty or is a fixture, the doubt is to be solved by the jury. Smith v.…

2Cases cited4 opinions

  1. Wolff v. SampsonSupreme Court of Georgia · 1905
  2. Smith v. OdomSupreme Court of Georgia · 1879
  3. Harrell v. Americus Refrigerating Co.Supreme Court of Georgia · 1893
  4. Clark v. FeeSupreme Court of Georgia · 1890

3Cited by9 opinions

  1. United Federal Savings & Loan Ass'n v. ConnellCourt of Appeals of Georgia · 1983
  2. Consolidated Warehouse Co. v. SmithCourt of Appeals of Georgia · 1937
  3. Cozart v. JohnsonSupreme Court of Georgia · 1935
  4. Pease & Elliman Realty Trust v. GainesCourt of Appeals of Georgia · 1981
  5. Aquafine Corporation v. Fendig Outdoor Advertising CompanyCourt of Appeals of Georgia · 1980

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