Coleman v. Lewis
Supreme Court of Pennsylvania
Error to the Common Pleas of Indiana county. Robert Fleming was the owner of a lot in the borough of Indiana, and in 1843 agreed with his sister Sarah to build her a frame house on the lot: she to pay for the cost of its erection, to live in it as long as she pleased, and if she saw fit, or if her brother sold the lot, or it was sold from him, she was to have the right to remove the house.
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Error to the Common Pleas of Indiana county. Robert Fleming was the owner of a lot in the borough of Indiana, and in 1843 agreed with his sister Sarah to build her a frame house on the lot: she to pay for the cost of its erection, to live in it as long as she pleased, and if she saw fit, or if her brother sold the lot, or it was sold from him, she was to have the right to remove the house. The house was built, and paid for by her, and she lived in it until March, 1852. In 1850, James Todd obtained a judgment against Robert Fleming; ajü. fa. was issued, and levy made upon the lot, without…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The general law relating to fixtures is intended to define certain relations which have been left undefined by the contract of the parties; and it does not at all apply to this case, if the defendants have, succeeded in proving a contract-right to remove the property in question, and that the plaintiff below is involved in that relation instituted by the contract.
The defendants justify under the right of Sarah Fleming; and there is evidence that she was the owner of the house that was removed, that she had it built on her brother’s lot under…
2Cited by7 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Royal Store Fixture Co. v. PattenSuperior Court of Pennsylvania · 1957
- Western Maryland Dairy, Inc. v. Maryland Wrecking & Equipment Co.Court of Appeals of Maryland · 1924
- Moore v. MoranNebraska Supreme Court · 1902
- McKim v. BurkeSuperior Court of Pennsylvania · 1914
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