Scovel v. Shadyside Co.

Citations

• 137 La. 918
• 69 So. 745
• 1914 La. LEXIS 1958

Syllabus

<p>(Syllabus by the Oowrt.)</p> <p>1. Fixtures <&wkey;18 — What Constitute.</p> <p>Combination gas and electric light chandeliers and brackets, mantels, stationary washstands, bathtubs, etc., attached to a building by the owner thereof for the service and exploitation of said building, are immovable by destination, and pass with the house when it is mortgaged or sold, if not reserved by the owner.</p> <p>[Ed. Note. — For other cases, see Fixtures, Cent. Dig. §§ 32-46; Dec. Dig. &wkey;18.]</p> <p>2. FIXTURES <&wkey;l — Immovables by Destination.</p> <p>The instances given in article 468, Civil Code, of immovables by destination are merely illustrative, and are not restrictive.</p> <p>[Ed. Note. — For other cases, see Fixtures, Cent. Dig. §§ 1, 6; Dec. Dig. <&wkey;l.]</p> <p>3. Fixtures <&wkey;4^-lMM0VABLEs by Destination — Deimmobilization.</p> <p>After movables have become immobilized by destination the mere change of mind on the part of the former owner cannot, of itself, deimmobilize them as against a purchaser without notice. It is the same with reference to a mortgage. (</p> <p>[Ed. Note. — For other cases, see Fixtures, Cent. Dig. §§ 3, 6; Dec. Dig. &wkey;>4.]</p> <p>On Rehearing.</p> <p>4. Fixtures <&wkey;l — Matters Determinative— Method of Attachment.</p> <p>Whilst the purpose for which things are placed, by the owner,,on “a tract of land,” ordinarily determines whether or not they acquire the immobility of the land, the immobility vei non of things placed in a tenement or building (other, perhaps, than a manufacturing establishment which, legally speaking, has become part of the tract of land upon which it is erected) depends, finally, upon the manner in which they are attached thereto.</p> <p>[Ed. Note. — For other cases, see Fixtures, Cent. Dig. §§ 1, 6; Dec. Dig. <&wkey;l.]</p> <p>5. Fixtures <&wkey;21 — What Constitute — Reclamation by Vendor.</p> <p>Combination gas and electric light chandeliers and brackets which form parts or accessories of gas and e