Salter v. Sample

Citations

• 71 Ill. 430

Syllabus

<p>1. Houses — whether real or personal property — and herein, whether replevin will lie. A bouse built, placed on pillars for permanency, fora residence, and not to serve a temporary purpose, becomes a part of the realty.</p> <p>2. Where the owner of a lot sold it by a parol contract, on a credit of one year, and the purchaser erected a frame house thereon, placed upon pillars, as a residence, and, before the expiration of the year, sold the house to another, who removed it to another lot, and there placed it upon brick pillars sunk in the ground, and built an addition to it, it was held, that the house was a part of the realty, on the first lot, and that when it was removed, aud became fixed upon the brick pillars on the other lot, it became a part of that lot, and that replevin would not lie for it.</p> <p>3. In such case, the house, during its transit from one lot to the other, might be regarded as personal property, but not after it became permanently attached to the other lot.</p>