Boyce's Administrator v. Smith's Administrator
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. 1. After tbe expiration of tbe term for wbicb tbe premises were let, tbe fixtures could not be removed, but became a gift to tbe landlord. Poole’s case, 1 Salk. 368. Holmes v. Tremper, 20 J. R. 29. Lyde v. Russell, 1 B. & Ad. 394. 2 Smith’s L. C. 110. Fitzherbert y. Shaw, 1 H. Black, 258. 2 Smith’s Lead.
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Appeal from Si. Louis Circuit Court. 1. After tbe expiration of tbe term for wbicb tbe premises were let, tbe fixtures could not be removed, but became a gift to tbe landlord. Poole’s case, 1 Salk. 368. Holmes v. Tremper, 20 J. R. 29. Lyde v. Russell, 1 B. & Ad. 394. 2 Smith’s L. C. 110. Fitzherbert y. Shaw, 1 H. Black, 258. 2 Smith’s Lead. Cases, Am. ed. p. 194, and notes, p. 208. 2. Tbe articles sued for were fixtures, and not mere personal chattels, and could not be removed after tbe term. El-wes v. Maw, 3 East. R. 38. 2 Smith’s L. O. 194, Am. edition. 3. Dickinson & Holmes being indebted…
1Opinion of the CourtScott, Judge
This was an action of trover, commenced bj the plaintiff’s intestate against the defendant’s intestate, for the conversion of a quantity of plank and lumber, alleged to be fixtures. The plaintiff obtained judgment. There had been several previous trials, and a new trial had been awarded to the defendant, for reasons which do not appear in the record of this cause. It appears that the intestate, Smith, leased to H. B. Dickinson the lot on which were situated the alleged fixtures, for the purpose of making bricks, from March, 1840, until March, 1841. On the 16th of March, 1841, the intestate,…
2Cited by27 opinions
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- Young v. SchofieldSupreme Court of Missouri · 1896
- Wright v. SwayneTexas Supreme Court · 1911
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