Matzon v. Griffin

Citations

• 78 Ill. 477

Syllabus

<p>1. Real estate—what it embraces. Tie term “real estate” embraces lands, tenements and hereditaments, and the general rule is, that buildings erected upon and fixed to land, become a part thereof.</p> <p>2. A building may be erected by a tenant upon leased premises, and, by agreement with the landlord, held as personal property, and removed at the expiration of the term.</p> <p>3. Same—buildings erected by the mortgagor on the mortgaged premises. Where a mortgagor, whilst the owner of the equity of redemption, erected a house upon the mortgaged premises, without any agreement with the mortgagee, the same became a part of the realty, and passed with it to the purchaser under the foreclosure of the mortgage.</p> <p>4. In such case, where the mortgagor, after foreclosure of the mortgage, removed the house from the land, and the purchaser under the mortgage brought replevin, and recovered a judgment, the judgment was affirmed.</p>