Fifield v. Farmers' National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Bureau county; the Hon. Dorranoe Dibell, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Bureau county; the Hon. Dorranoe Dibell, Judge, presiding. On July 1, 1891, Robert Montgomery and nine other residents of Wyanet, in Bureau county, entered into a written contract with Robert Day, by which they agreed to convey to him lots 13,14,15 and 16, in block 20, in Brown’s addition to said village, and pay him $6000, and in consideration thereof Day, on his part, agreed to erect on the lots a factory building 40x100 feet, two stories high, and to put in the necessary…
1Opinion of the CourtJustice Craig
The principal, and, indeed, the only, question of any importance presented by this record is, whether the machinery which Day purchased of appellants and placed in the manufacturing building, as shown by the evidence, became fixtures. If the machinery, when attached to the building, became fixtures and a part of the realty, then such machinery passed to the bank under the trust deed executed by Day, and could not be taken under the writ of replevin sued out by the appellants.
It will be observed that the deed under which Day acquired title to the lots upon which the factory was erected,…
2Cases cited13 opinions
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Sword v. LowIllinois Supreme Court · 1887
- Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Taylor v. CollinsWisconsin Supreme Court · 1881
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3Cited by27 opinions
- William Firth Co. v. South Carolina Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1903
- Gartland v. HickmanWest Virginia Supreme Court · 1904
- Snuffer v. SpanglerWest Virginia Supreme Court · 1917
- Thuma v. Granada Hotel Corp.Appellate Court of Illinois · 1933
- Guardian Life Insurance v. SwansonAppellate Court of Illinois · 1936
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