Benedict v. Marsh

Citations

• 127 Pa. 309
• 18 A. 26
• 1889 Pa. LEXIS 1116

Syllabus

<p>[To be reported.]</p> <p>1. Where, in determining whether an engine, boiler and machinery in a saw-mill upon land sold at sheriff’s sale are part of the realty or not, the testimony as to the actual character of the structure, whether movable or permanent, is conflicting, the issue becomes a question of fact for the jury: Harmony B. Ass’n v. Berger, 99 Pa. 320.</p> <p>2. In such ca.se, should the jury be unable to find, from the conflicting testimony, that the mill was in fact a permanent structure, proof of the ante litem motam declarations of the owner and builder may be considered as evidence of his purpose at the time the mill was erected.</p>