National Bank v. North

Citations

• 160 Pa. 303
• 28 A. 694
• 1894 Pa. LEXIS 807

Syllabus

<p>Fixtures — Annexation to realty — Intention.</p> <p>As to all articles not so intimately connected with the freehold as to become essentially a part of it, the intention, not the mere physical fact of their connection with the realty, is the criterion of annexation. But the “ intention ” which thus becomes controlling is not the secret design which may dwell in a party’s mind and as to whose existence he alone can speak, but that “intention” which was either expressly declared by the parties competent to make it the governing rule, or which flows, patent to all, from the nature and character of the act, the clear purpose to be served, the manifest relation which the articles bear to the realty, and the visible consequences of their severance upon the proper and obvious use of it.</p> <p>Fixtures — Steam, heating apparatus.</p> <p>Radiators and valves connecting with steam heating apparatus are not fixtures attached to the realty. They are exactly analogous to gas fixtures and are severable from the real estate.</p>