Dodge City Water, & Light Co. v. Alfalfa Land & Irrigation Co.

Citations

• 64 Kan. 247
• 67 P. 462
• 1902 Kan. LEXIS 191

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Fixtures—Tests Stated. The tests to be applied in determining whether or not personal property becomes a fixture are: (1) Annexation to the realty; (2) adaptation to the use of that part of the realty with which it is connected; (3) the intention of the party making the annexation to make the article a permanent annexation to the freehold.</p> <p>2. - Water-pipe Held a “Trade Fixture.” The water-pipe in question in this case found to have been an essential part of the water-works system, and held to have passed by the conveyance to the present owner. It was a “trade fixture” and was not an accessory to the enjoyment of the freehold upon which it was laid, and hence did not pass with the title thereto. (Failroad Go. v. Hyoe, 61 Kan. 394, 59 Pac. 1040.)</p>