McLaughlin v. Johnson

Citations

• 46 Ill. 163

Syllabus

<p>1. Fixtures—what mil be considered as—so as to pass by deed of the freehold. Rails belonging to a fence, or hauled on to the premises with the intention of erecting a fence, or timber for a building, although not erected, but lying loose around the lands, and in no wise attached to the freehold, constitute a part of the realty, and will pass by a deed of the same, as appurtenances.</p> <p>2. Same And when the removal of the rails formerly in fence was but a temporary severance of them from the realty, they still remaining upon the land, a sale of the land passes the title to the rails equally with the premises.</p> <p>3. Agency—husband and wife. Where a wife, in the absence of her husband, loaned temporarily to a neighbor, certain rails belonging to a fence on the farm in which she was in possession, such act will not be considered as the exercise of an unwarrantable power. Nor will the assent by the agent of the owner of premises, to such act, be regarded as a violation of his duty, it involving no waste or destruction of the premises.</p> <p>4. Evidence—concerning fixtures on estate conveyed—parol proof of inadmissible. Parol proof, to show what fixtures on the estate at the time of its conveyance, passed by the deed, is inadmissible. The deed must settle that question.</p>