Harkey v. Cain

Citations

• 69 Tex. 146
• 6 S.W. 637
• 1887 Tex. LEXIS 795

Syllabus

<p>1. Description. — A deed conveying a town lot which describes it only by the length and breadth thereof, bat which, in addition, designates the particular property by describing the improvements thereon, they being the only improvements of like character in the town, is sufficient.</p> <p>2. Fixtures. — Whenever the owner of land attaches personal property to it as a permanent accession to the value of the freehold, it loses its character of personal property and becomes a part of the realty. The rule is different as to a tenant, who, with the landlord’s consent, so annexes chattels to the land that they may be removed without injuring the land. In such case the chattels, though annexed, form no part of the realty, and may be removed on the determination of the lease.</p> <p>8. Same — Real and Personal Property. — If a vendee purchases personal property, the title of which remains with the vendor, by the terms of sale, until the property is paid for, and with the vendor’s permission the vendee removes it and so attaches it to the realty that it would ordinarily become a part thereof, it remains personal property as between the parties until the purchase money is paid. So if the mortgagor of a chattel, in possession, by agreement with the mortgagee, annexes the chattel to his own land, the mortgagee’s rights are not affected, and he may treat the chattel as personal property.</p> <p>4. Verdict. — A verdict which is not responsive to the instructions of the court is sufficient if itjbe responsive to the issues presented by the pleadings as to enable the court to adjudicate the rights of the parties.</p> <p>5. Improvements in Good Faith. — The statute regulating the rights of parties when improvements have been made in good faith on the lands improved and occupied by one who is not the owner, is applicable only to such improvements as, when made, constitute a part of the realty, and has no application when the improvements were made under such circumstances as const