Blanchard v. Eureka Planing Mill Co.
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Chief Justice Eakin. On November 7. 1906, the defendant Eureka Planing Mill Company executed and delivered to plaintiff, as security for the repayment of a $2,500 loan, with interest, a mortgage on the following described property: “Commencing at a point where a line running parallel with and along the north side of Water Street in the town of Rainier would intersect the east boundary line of a certain piece of tide…
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From Columbia: Thomas A. McBride, Judge. Statement by Mr. Chief Justice Eakin. On November 7. 1906, the defendant Eureka Planing Mill Company executed and delivered to plaintiff, as security for the repayment of a $2,500 loan, with interest, a mortgage on the following described property: “Commencing at a point where a line running parallel with and along the north side of Water Street in the town of Rainier would intersect the east boundary line of a certain piece of tide land, sold and deeded by Dean Blanchard to F. C. Winchester; thence running northerly along the east boundary line of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. The rule that whatever is affixed to the soil becomes a part of the realty has been much relaxed in accordance with trade and modern business requirements. In many instances the personal quality of the chattel is retained, even though there is an appreciable annexation. Whether it shall remain a chattel after it is affixed to the realty depends upon three conditions, annexation, real or constructive, adaptability to the use or purpose of the realty to which it is attached, and the intention of the parties *41making the annexation to make it a permanent…
2Cases cited10 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- Landigan v. MayerOregon Supreme Court · 1898
- Union Bank & Trust Co. v. Fred W. Wolf Co.Tennessee Supreme Court · 1904
- Helm v. GilroyOregon Supreme Court · 1891
- Washburn v. Inter-Mountain Mining Co.Oregon Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Roseburg Nat. Bank v. CampOregon Supreme Court · 1918
- Intermountain Food Equipment Co. v. WallerIdaho Supreme Court · 1963
- Metropolitan Life Insurance v. KimballOregon Supreme Court · 1939
- Gates v. Public Service CommissionOregon Supreme Court · 1917
- Lasch v. Columbus Heating & Ventilating Co.Supreme Court of Georgia · 1932
3 more not listed; retrieve them via the Exa API.