Stowell v. Waddingham

Citations

• 100 Cal. 7
• 34 P. 436
• 1893 Cal. LEXIS 740

Syllabus

<p>Injunction to Stay Waste—Removal of Buildings.—An owner of land which he has contracted to sell to a purchaser who has caused houses to be erected thereon under an agreement that the houses shall belong to the confector until paid for, cannot maintain an injunction against the vendee of the contractor to stay waste, after such vendee has removed the buildings from the land on to the public highway, although the land when deprived of the buildings is insufficient security for the unpaid purchase money.</p> <p>Id.—Change of Real Property to Personal—Destruction of Lien.— The severance of the buildings from the freehold proprio vigore, changed the character of the houses from real to personal property, and effectually destroyed the lien of the. vendor thereupon for the unpaid purchase money.</p> <p>Id.—Buildings in Transit Upon Highway—Rights of Owner of Land.—The owner of land has no right to stop the buildings removed from his premises by the assignee of the builder, while in transit upon the public highway, although not removed beyond the center line of the highway bordering upon his premises. Property carried over the street in front of his premises is no more on his premises than if it were miles away.</p>