Vail v. Weaver ( 1890 )


Menu:
  • Per Curiam:

    The principal question in this case was, whether the machinery and fixtures of the electric plant, which were placed in the tack-works, were placed there permanently or not. If they were temporary fixtures, placed there for a temporary purpose, their sale under the writ of fieri facias passed a good title. Mere physical annexation is no longer the rule. It is a question of intention. The intention to annex, whether rightfully or wrongfully, is the legal criterion: Hill v. Sewald, 53 Pa. 271; Seeger v. Pettit, 77 Pa. 437; Morris’s App., 88 Pa. 368. This question was submitted to the jury by the learned court below under adequate instructions, and their verdict ends the case.

    Judgment affirmed.

Document Info

Docket Number: No. 101

Judges: Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Filed Date: 2/17/1890

Precedential Status: Precedential

Modified Date: 11/13/2024