McNally v. Connolly

Citations

• 2 Cal. Unrep. 621
• 9 P. 169
• 1885 Cal. LEXIS 884

Syllabus

<p>Action to Recover Personal Property—Demand.—In an action to recover personal property, or its value, where it appears that the property came lawfully into the possession of the defendant, a demand and refusal to deliver must be shown; but if the original possession of the property was acquired by tort, no demand previous to the institution of the suit is necessary.</p> <p>Action to Obtain Possession of Real Property—Demand.—One acquiring title to real property who is not in possession is entitled to be let into possession on demand, and, until such demand, he cannot maintain an action to obtain possession against a person who is lawfully in possession.</p> <p>Fixtures—Engine and Machinery.—Where a tenant of real property, with the permission of the owner, erects .an engine and boiler on a foundation made of brick and of timbers sunk into the ground, and attaches such engine and boiler and machinery to a building which is part of the realty by means of bolts and screws which are easily removed; quaere, whether such boiler and engine constitute real or personal property.</p>