Freeland v. Southworth
New York Supreme Court
Error from the Tompkins common pleas. iSoutlworth brought an action of trespass before a justice against the two Freelands, for taking and carrying away a stove and pipe ; and on a trial, judgment was rendered for the plaintiff, which the defendants removed into the common pleas by certiorari, where the judgment was affirmed, and the defendants now bring error.
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Error from the Tompkins common pleas. iSoutlworth brought an action of trespass before a justice against the two Freelands, for taking and carrying away a stove and pipe ; and on a trial, judgment was rendered for the plaintiff, which the defendants removed into the common pleas by certiorari, where the judgment was affirmed, and the defendants now bring error. The sole question on the trial was, whether the stove, as between the vendor and vendee of real estate, was a fixture and passed to the plaintiff as a purchaser. The facts were undisputed. One of the defendants sold and conveyed to the…
1Opinion of the Court
By the Court,
Bronson.
We have recently had occasion to examine this subject very much at large, in a case between tenants in common on a partition of their property ; and it would be useless to review the numerous cases in relation to fixtures a second time. Walker v. Sherman, 20 Wendell, 636. I think the stove and pipe were not affixed to the freehold, and *192did not pass by the conveyance of the land to the plaintiff. It is not alleged that the stove was fastened to the building in any manner whatever, and the temporary fastenings about the pipe were such as coulrl be removed without the…
2Cases cited2 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Goddard v. ChaseMassachusetts Supreme Judicial Court · 1811
3Cited by8 opinions
- Cosgrove v. TroescherAppellate Division of the Supreme Court of the State of New York · 1901
- Wade v. JohnstonSupreme Court of Georgia · 1858
- Shaw v. LenkeNew York Court of Common Pleas · 1865
- Kerby v. ClappAppellate Division of the Supreme Court of the State of New York · 1897
- Chaffee v. PeaseMassachusetts Supreme Judicial Court · 1865
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