Ozark v. Adams
Supreme Court of Arkansas
Appeals from Franklin Chancery and Circuit Courts. Jjíptha H. Evans, Judge. Two suits by the incorporated town of Ozark against W. W. Adams, one in equity to restrain defendant, as plaintiff’s tenant, from removing certain machinery from the leased premises; the other at law, to declare a forfeiture of the lease, and to recover the leased premises and machinery thereon.
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Appeals from Franklin Chancery and Circuit Courts. Jjíptha H. Evans, Judge. Two suits by the incorporated town of Ozark against W. W. Adams, one in equity to restrain defendant, as plaintiff’s tenant, from removing certain machinery from the leased premises; the other at law, to declare a forfeiture of the lease, and to recover the leased premises and machinery thereon. The evidence showed that the engine, boiler and other machinery involved in the suit were not of a portable character, that they were very heavy, were set in stone and brick, and could not be removed easily, nor without injury…
1Opinion of the CourtHill, C. J.
These cases, one at law, the other in chancery, were tried before the circuit judge upon the same evidence, and the town has appealed from the judgments. The Reporter will set out the findings of fact and conclusions of law of the trial judge. As there is no cross-appeal, the sole question for determination is the correctness of the second declaration of law, on the facts found, as to the machinery being a removable trade fixture.
The rules for ascertaining whether an article is a chattel or an irremovable fixture are thus summarized in Choate v. Kimball, 56 Ark. 55:
“1. Real or constructive…
2Cases cited4 opinions
- Choate v. KimballSupreme Court of Arkansas · 1892
- Bemis v. First National BankSupreme Court of Arkansas · 1897
- Markle v. StackhouseSupreme Court of Arkansas · 1898
- Tenniswood v. SmithSupreme Court of Arkansas · 1904
3Cited by25 opinions
- Halbert v. Helena-West Helena Industrial Development Corp.Supreme Court of Arkansas · 1956
- Corning Bank v. Bank of RectorSupreme Court of Arkansas · 1979
- Bache v. Central Coal & Coke Co.Supreme Court of Arkansas · 1917
- Patel v. Comm'rUnited States Tax Court · 2012
- St. Louis-San Francisco Railway Co. v. WhiteSupreme Court of Arkansas · 1939
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