[DOWNLOAD] "Pritchard Co. v. Farmers Co-Op. Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Pritchard Co. v. Farmers Co-Op. Co.
- Author : Supreme Court of Montana
- Release Date : January 02, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1. Fixtures ? Statute on fixtures general guide. A statute specifying when a thing is deemed to be affixed to land is merely a rule for general guidance concerning itself more with ultimate than with probative facts. 2. Fixtures ? How determined. While the question of whether personal property has become affixed to the land is one concerning the intention of the affixer yet it is presumed that when the property is affixed it is intended to become part of the realty and generally, the manner in which the attachment is made, the adaptability of the thing attached to the use to which the realty is applied, together with the intention of the one making the attachment, determined whether the thing attached is realty or personalty. 3. Fixtures ? What is meant by "permanent." The expression "permanent" does not mean perpetual but means that it was intended that article annexed was to remain to the land or buildings so long as such land or buildings may be used for the same purpose. 4. Fixtures ? Two large tanks held to be affixed to realty. Two 12,000-gallon capacity tanks, weighing four tons each, installed on realty by owner of the realty for use in connection with the oil business and held in place by their weight without being otherwise attached, were properly held to be a part of the realty and became the plaintiffs property when plaintiff established its title to the land. 5. Fixtures ? Other tanks though affixed held to be personal property because of conditional sales contract. Two 15,000-gallon tanks purchased under conditional sales contract, and affixed to realty by owner and used in owners oil business, retained their character of personal property under provisions of conditional sales contract. 6. Fixtures ? Installation of tanks on mistaken belief of ownership of land. Two 15,000-gallon tanks installed by defendant on realty which defendant mistakenly believed that it owned, and used by defendant for five years in the oil business conducted on the land, were a part of the realty and became plaintiffs property upon plaintiff establishing its title to the land.