Gray v. Crowell

This is an action of detinue instituted by M. D. Gray against W. R. Crowell and his wife for “one lunch stand on wheels.” The defendants plead (A) general issue; (B) that the property sued for is a building, a permanent fixture as such attached to the realty, and a part of the freehold. The plaintiff joined issue on these pleas. The court sustained demurrer to plea C, and overruled demurrer to plea D. The jury returned a verdict in favor of the defendants, and, from a judgment thereon by the court, this appeal is prosecuted by the plaintiff.

There are no facts averred in plea D showing…