P. J. Willis & Bro. v. Morris

Citations

• 66 Tex. 628
• 1 S.W. 799
• 1886 Tex. LEXIS 584

Syllabus

<p>1. Improvements—When a part of freehold—Fact case.—The owners of a tract of land, which was of very little value, erected a building upon it in which they placed valuable machinery, and attached it to the building with a view to carrying on a permanent business. Held, as between a defendant in execution and a purchase at sheriff’s sale, the machinery would be deemed a part of the freehold. (Moody v. Aikin, 50 Tex., 65; Hutchings v. Masterson, 46 Tex., 651.)</p> <p>2. Realty—Trespass—Measure of damages.—When the owner of realty is dispossessed by a trespasser he can not treat the property as belonging to the wrong doer and recover its value, as in case of personal property; but he must sue for the specific property, and may recover the value of the rents and all damages resulting in legal contemplation from the trespass. In estimating these damages, the general rule is that the defendant is only answerable for the natural, ordinary and reasonable consequences of his conduct. (Sut.h. on Damages., 57.)</p> <p>8. Same—Fact case.—A tract of land, with a factory and machinery located thereon, was sold under execution, and purchased by the plaintiffs in execution; they continued to operate the factory through defendants in execution as their employes and agents until it was destroyed by fire. Defendants in execution, claiming the property as exempt from forced sale, sued for the land and the value of the factory, etc. Held-.</p> <p>(1) Assuming that the property was exempt, if the burning of the factory and its contents was caused by negligence on the part of plaintiffs in execution after they took possession, then, as a new wrong and intervening cause, it rendered them liable.</p> <p>(2) Unless the destruction was caused directly and immediately by their acts, or was the result of a series of causes and effects, proceeding one from the other, and not speculatively inferred, but established by evidence, as other facts re required to be proved, plaintiffs in execution we