A Treatise on the Law of Fixtures, and Other Property: Partaking Both of a Real and Personal Nature; Comprising the Law Relative to Annexations to the Freehold in General, and Also Emblements, Charters, Heir-looms, Etc., with an Appendix, Containing Practical Rules and Directions Respecting the Removal, Purchase, Valuation, Etc. of Fixtures, Between Landlord and Tenant, and Outgoing and Incoming TenantsGould & Banks, 1830 - 342 sider |
Vanlige uttrykk og setninger
action of trover agreement annexed appears authorities belong Bing brew-house Brod buildings chapter cider-mill claim collieries common law considered conveyance court Court of Equity covenant Cres decision defendant demised premises deodand determination Detinue devise East Elwes emblements entitled erected executor of tenant favor fieri facias fire-engines fixed articles Fixtures put freehold furnaces ground heir and executor heir-looms held incoming tenant inheritance injunction laid land landlord and tenant law of fixtures Lawton lease lessee Londonthorpe Lord Coke Lord Dudley Lord Ellenborough Lord Hardwicke Lord Mansfield mill mortgage nature Nisi Prius observed opinion owner parcel parties personal chattels personal estate personal representative personalty plaintiff possession principle purpose question realty referred remainder-man respect of Fixtures reversioner right of removal rule salt-pans seems severed statute Taunt tenant in tail term testator tion trade fixtures trespass trover tures utensils valuation Vide wainscot writ
Populære avsnitt
Side ii - In conformity to the act of Congress of the United States. entitled, " an act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned." And also to an act, entitled, " an act, supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned...
Side ii - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Side 85 - ... 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...
Side 49 - But no adjudged case has yet gone the length of establishing that buildings subservient to purposes of agriculture, as distinguished from those of trade, have been removable by an executor of tenant for life, nor by the tenant himself who built them, during his term.
Side 29 - But the question, whether removable or not, does not depend upon the form or size of the building, whether it has a brick foundation or not, or is one or two stories high, or has a brick or other chimney. The sole question is, whether it is"] designed for purposes of trade or not?/ A tenant may erect a large as well as a small messuage, or a soap-boilery of one or two stories high, and on whatever foundations he may choose.
Side 44 - ... themselves, they were of a perfect chattel nature before they were put up, or at least have in substance that character independently of their union with the soil; or, in other words, where they may be removed without being entirely demolished, or losing their essential character or value.
Side 265 - ... state of mobility (which is essential to the nature of larceny), being never, as such, in the actual or constructive possession of any one but of him who committed the trespass. He could not in strictness be said to have taken what at that time were the personal goods of another, since the very act of taking was what turned them into personal goods.
Side 153 - By special custom also, in some places, carriages, utensils, and other household implements, may be heir-looms ; but such custom must be strictly proved. On the other hand, by almost general custom, whatever is strongly affixed to the freehold or inheritance, and cannot be severed from thence without violence or damage, " quod ab cedibus non facile revellitur," is become a member of the inheritance, and shall thereupon pass to the heir ; as chimney-pieces, pumps, old fixed or dormant tables, benches,...
Side 135 - In question between the heir or devisee and the executor, those fixtures may with propriety enough be considered as annexed to, and parts of the freehold. The law will presume that it was the intention of the owner under whose bounty the executor...
Side 265 - ... a subtility in the legal notions of our ancestors. These things were parcel of the real estate, and therefore, while they continued so, could not by any possibility be the subject of theft, being absolutely fixed and immovable. And if they were severed by violence, so as to be changed into movables, and at the same time by one and the same continued act carried off by the person who severed them, they could never be said to be taken from the proprietor in this their newly acquired state of mobility...