McNally v. Connolly

Citations

• 70 Cal. 3
• 11 P. 320
• 1886 Cal. LEXIS 708

Syllabus

<p>Fixtures—Lessor and Lessee — Debtor and Creditor. — An engine, boiler, and machinery for a flouring mill, erected by a lessee on the demised premises, and securely attached thereto by bolts and screws, are fixtures as between him and his attaching creditors, notwithstanding an agreement between the lessor and lessee that the latter should be at liberty to remove the machinery upon the expiration of the lease.</p> <p>Id.—¿Removal of Fixtures—Conversion into Personalty.—The severance and removal of the fixtures by the lessee converts them into personalty.</p> <p>Id.—Action to Recover Possession — Demand.—No demand is necessary before bringing suit to recover the possession of the fixtures after their wrongful severance and removal by the lessee.</p>