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Luzerne Legal Register Reports (Volume 2)

Luzerne Legal Register Reports (Volume 2)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884. Excerpt: ... Mclean V. Palmer. Fixtures. 1. The question of fixture or not depends on the nature and character of the act by which the structure is put in place, the policy of the law connected with its purpose, and the intentions of those concerned in the act. 2. The question of intention is one of fact to be left to a jury, and the find1ng of a referee has the effect of a verd1ct, unless clearly unwarranted by the testimony. 3. The true criterion of an irremovable fixture consists in the united application of three tests, viz.: 1st. Real or constructive annexation of the article in question to the realty. ad. Appropriation or adaptation to the use or purpose of that part of the realty with which it is connected. 3d. The 1ntention of the party making the annexation to make the article a permanent accession to the freehold, this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made. Of these three tests the clear tendency of modern authority seems to be to give preeminence to the question of intention to make the art1cle a permanent accession to the freehold, and the others seem to derive their chief value as evidence of such intention. 4. Actual physical annexation is of itself of but little importance in determining the question of fixtures. 5-To estop priv1es by a recital in a deed, such recital must be distinct, not general. 6-Lamps, chandeliers, candlesticks, candleabra, and the various contrivances for lighting houses by oil or other fluids, have never been considered as fixtures, and as forming part of the freehold. Exceptions to referee's repor...


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Product Details
  • ISBN-13: 9781154308174
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 214
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1154308170
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 390 gr

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