Shields v. Delo

Citations

• 145 Pa. 393
• 22 A. 701
• 1891 Pa. LEXIS 675

Syllabus

<p>(a) With the delivery of an absolute deed, the grantee executed and delivered a bond, conditioned inter alia that he should give to the grantor, during life, one fourth of the crops produced on the land, and that the grantor should “have the privilege of operating his oil wells on the premises,” and might “at any time, at his own pleasure remove any buildings and the machinery of the said wells: ”</p> <p>1. Nothing having been reserved or excepted out of the deed, the rights of the grantee respecting the machinery at the oil wells depended upon and were measured by the provisions of the bond, which was the personal obligation of the grantee. Subject to such rights, the grantee had title to said machinery, as a part of the freehold, under and by virtue of the deed.</p> <p>2. The right to remove the machinery, secured to the grantor by the bond, had no analogy to tne right of removal in the case of fixtures erected by a tenant for years or for life, but was a purely personal privilege which died with his person. Wherefore, after his death his executor had no title to machinery not severed from the freehold during his life.</p>