Hutchins v. Masterson

Citations

• 46 Tex. 551

Syllabus

<p>1. Charge.—A charge given upon a hypothesis not warranted by the testimony, is error,</p> <p>2. Fixtures.—The criterion for determining whether a chattel has become an immovable fixture, consists in the united application of the following tests:</p> <p>1. Has there been a real or constructive annexation of the article in question, to the realty?</p> <p>2. Was there a fitness or adaptation of such article to the use or purposes of the realty with which it is connected?</p> <p>3. Was it the intention of the party malting the annexation, that the chattel should become a permanent accession to the freehold?—this intention being inferable from the nature of the article, the relation and situation of the parties interested, the policy of tiie law in respect thereto, the mode of annexation and purpose or use for which the annexation is made.</p> <p>3. Same.—Of these three tests, prominence is given to the question of intention to make the article a permanent accession to the freehold, while the others are chiefly of value as evidence regarding this intention.</p> <p>4. Same—Sugar-mill.—A sugar-mill erected by the owner of a plantation, and sold as part of it, as to the rights of x'endees, is a fixture, and part of the realty.</p> <p>5. Same—Statute of frauds.—A parol sale of a fixture by the owner of the laud, xx-ould be void under the statute of frauds.</p>