The Law of Fixtures: And Other Property, Partaking Both of a Real and Personal Nature; Comprising the Law Relating to Annexations to the Freehold in General; as Also Emblements, Charters, Heir-looms, Etc. With an Appendix, Containing Practical Rules and Directions Respecting ... Fixtures ...
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according action affixed afterwards agreement annexed appears applied attached authorities belong Bing brought building carrying chattels cider mill circumstances cited claims common consideration considered construction court covenant custom decision defendant demised determined distinction doctrine East effect engines entitled erected established exception executor express fact favor fixed fixtures freehold ground heir held hold inheritance injury instance intention interest judges judgment laid land landlord and tenant Lawton lease lessee Lord machinery manner matter mentioned mortgage nature necessary notice observed opinion ornament owner particular parties pass personal estate possession practice preceding premises present principle privilege question reason referred regard relating remove representative respect rule salt says seems severed soil statute tail taken term things tion trade trees tures walls waste
Página 47 - The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright ; but they brought with them and adopted only that portion which was applicable to their situation.
Página 60 - On the one hand it is clear, that many things of an ornamental nature may be in a degree affixed, and yet, during the term, may be removed ; and, on the other hand, it is equally clear, that there may be that sort of fixing or annexation, which, though the building or thing annexed may have been merely for ornament, will yet make the removal of it waste.
Página iv - Court, and in the Court for the Correction of Errors of the State of New- York, 1828-35.
Página 72 - ... during the term the soap-boiler might well remove the vats he set up in relation to trade ; and that he might do it by the common law, and not by virtue of any special custom, in...
Página 40 - Hob. 234, in the part cited by my brother Vaughan, and in other cases) is that where a lessee, having annexed anything to the freehold during his term, afterwards takes it away, it is waste.
Página 22 - Lawton v. Lawton (z) was decided by Lord HARDWICKE in 1740. The material question in the case was whether a steam engine set up for the benefit of a colliery by a tenant for life should be considered as personal estate and go to his executor, or fixed to the freehold and go to the remainder-man.
Página vii - Reports of Cases Argued and Determined in the Superior Court of the City of New York.
Página 256 - ... with intent to steal, any glass or wood-work belonging to any building whatsoever, or any lead, iron, copper, brass, or other metal, or any utensil or fixture, whether made of metal or other material, respectively fixed in or to any building whatsoever, or any thing made of metal fixed in any land being private property,, or for a fence to any dwelling-house, garden, or area, or in any square, street, or other place dedicated to public use or ornament, every such offender shall be guilty of felony...
Página 241 - ... though originally goods and chattels, yet when affixed by a tenant to the freehold, cease to be goods and chattels by becoming part of the freehold; and though it is in his power to reduce them to the state of goods and chattels again by severing them during his term, yet until they are severed, they are a part of the freehold...