A Treatise on 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 the Removal, Purchase, Valuation, Etc. of Fixtures Between Landlord and Tenant, and Between Outgoing and Incoming Tenants |
Contents
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Other editions - View all
The Law of Fixtures, and Other Property: Partaking Both of a Realand ... Andrew Amos,Joseph Ferard,William Hogan No preview available - 2018 |
Treatise on the Law of Fixtures, and Other Property: Partaking Both of a ... A. Amos No preview available - 2017 |
Common terms and phrases
accessary affixed agreement annexed appears applied assigned authorities bankrupt belong Bing buildings cider-mill cited claim colliery common law considered conveyance Court Court of Equity covenant decision defendant deodand Detinue devise doctrine Eliz Elwes emblements engines entitled erected favour of trade fire-engines fixed freehold furnaces ground heir and executor heir-looms held inheritance judgment laid land landlord and tenant law of fixtures Lawton lease lessee Londonthorpe Lord Coke Lord Dudley Lord Ellenborough Lord Hardwicke Lord Kenyon Lord Mansfield machinery matters of ornament mill mortgage nature Nisi Prius observed opinion owner parcel parties pass personal chattels personal estate personal representative plaintiff possession principle purpose question referred remainder-man removing fixtures reversioner right of removal rule of law soil statute tenant in tail term testator tion trade fixtures trees trespass trover tures utensils Vide wainscot waste
Popular passages
Page 50 - that in which the greatest latitude and indulgence " has always been allowed in favour of the claim to " having any particular articles considered as personal " chattels, as against the claim in respect of freehold " or inheritance, is the case between landlord and
Page 29 - 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.
Page 327 - ... 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...
Page 124 - It is very well known, that little profit can be made of coal mines without this engine; and tenants for lives would be discouraged in erecting them, if they must go from their representatives to a remote remainderman, when the tenant for life might possibly die the next day after the engine is set up. These reasons of public benefit and convenience weigh greatly with me, and are a principal ingredient in my present opinion.
Page 37 - The law will make the most favorable construction for the tenant, where he has made necessary and useful erections, for the benefit of his trade or manufacture, and which enable him to carry it on with more advantage. It has been so...
Page 306 - ... 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...
Page 93 - ... that 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...
Page 154 - 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...
Page 351 - Receipt whereof is hereby acknowledged, hath Granted, Bargained, and Sold, and by these presents, Doth Grant, Bargain and Sell unto the said...
Page 325 - ... 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...