Evans v. McLucas

Citations

• 15 S.C. 67
• 1881 S.C. LEXIS 53

Syllabus

<p>1. A conveyed to a railroad company a right of way over his land, and after-wards A, B & 0, a mercantile firm, erected a guano warehouse upon this right of way, by permission of the railroad company. After that, A conveyed to D land which included within its boundaries the site of the warehouse, but before the recording of D’s deed, A and B, by deed, sold this building to C, who paid his money, having no knowledge of D’s deed. In action brought by D against C for the possession of this warehouse — Held, that the action could not be maintained for the warehouse as a fixture, for fixtures go with the land as an incident, and plaintiff was not entitled to the immediate possession of the land.</p> <p>2. The verdict — we find the fee in land for plaintiff, the house for defendant — was substantially a verdict for defendant.</p> <p>3. Under the facts of this case the warehouse was personal property and did not become a fixture; the builders could sell it, and plaintiff could not recover it from the purchaser.</p> <p>4. If the warehouse had become a part of the realty, plaintiff could not now recover it; and defendant would be protected as a purchaser for valuable consideration without notice.</p>