Edwards & Bradford Lumber Co. v. Rank
Nebraska Supreme Court
Appeal from the district court of Dakota county. Heard below before Norris, J. The opinion contains a statement of the case. The engine newer became, a fixture or part of the realty. It was not the intention of the parties that it should. This intention governs.
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Appeal from the district court of Dakota county. Heard below before Norris, J. The opinion contains a statement of the case. The engine newer became, a fixture or part of the realty. It was not the intention of the parties that it should. This intention governs. The giving of the chattel mortgage and therein authorizing the mortgagee to take possession of the property and sell same upon default, or to take possession at any time the mortgagees may deem themselves insecure, as was done in this case, evidences the intention of the parties to treat it as personalty. This agreement to hold it as…
1Opinion of the CourtNormal, J.
This was a suit to foreclose a mechanic’s lien for materials sold and delivered by the Edwards & Bradford Lumber Company, a corporation, to Murray Rank for the erection of a steam flouring mill upon certain real estate in South Sioux City, of which Rank was the owner of the undivided two-thirds and the estate of J. M. Moon, deceased, was the owner of the other one-third. Among those made parties defendants were the holders of mechanics’ liens on the premises, and J. P. Twohig, and the Dubuque Turbine Roller Mill Company, who owned real estate mortgages thereon. Answers and cross-petitions…
2Cases cited7 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Sword v. LowIllinois Supreme Court · 1887
- Manwaring v. JenisonMichigan Supreme Court · 1886
- Sisson v. . HibbardNew York Court of Appeals · 1879
- Myrick v. BillSupreme Court Of The Territory Of Dakota · 1883
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3Cited by14 opinions
- Frost v. SchinkelNebraska Supreme Court · 1931
- Hanson v. VoseSupreme Court of Minnesota · 1919
- Snuffer v. SpanglerWest Virginia Supreme Court · 1917
- Boeringa v. PerryWashington Supreme Court · 1917
- Fred W. Wolf Co. v. Hermann Savings BankMissouri Court of Appeals · 1913
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