Western North Carolina Railroad v. Deal
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1884, of Catawba Superior Court, before Shipp, J. The defendant railroad company brought this suit to test its right to remove a house built for a depot, the defendant refusing to allow the same, and setting up a claim thereto upon the ground that it was a fixture.
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Civil ActioN tried at Spring Term, 1884, of Catawba Superior Court, before Shipp, J. The defendant railroad company brought this suit to test its right to remove a house built for a depot, the defendant refusing to allow the same, and setting up a claim thereto upon the ground that it was a fixture. The facts were agreed upon, and are in substance as follows: The defendant company constructed its railroad • to the town of Newton, in the county of Catawba, about the year 1860, and ■erected near the track at Newton a brick depot, which it continued to use in its business operations until the…
1Opinion of the CourtMerrimoN, J.
The general rule of law is, that buildings and other structures erected on land for the better enjoyment of it, become identified with, part of, and go with the land, and the tenant has no right at any time to remove them. Anciently the law was more strict in respect to making things erected upon, and- attached to the land, directly or indirectly, a part of the freehold, than in more modern times. As civilization has advanced,, and trade, the mechanic arts, and other industries have multiplied and increased in development, and correspondingly, in their necessities and wants of reasonable…
2Cases cited3 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Moore v. . VallentineSupreme Court of North Carolina · 1877
3Cited by24 opinions
- State v. HicksSupreme Court of North Carolina · 1951
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Overman v. . SasserSupreme Court of North Carolina · 1890
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
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