Tate v. Blackburne

Citations

• 48 Miss. 1

Syllabus

<p>1. Fixtures — tenants—vendees.—To the precise rules of the common law respecting fixtures, there are many modern exceptions in favor of tenants and for the benefit of trade. In favor of tenants, the greatest liberality is indulged; while, as between vendor and vendee, heir and executor, and mortgagor and mortgagee, the strictest constructions obtains.</p> <p>2. Fixtures — oin-stand—unexpressed intention to-remove. — A mere unexpressed mental intention by the owner of real estate to remove fixed machinery and gearing erected by him on the freehold, irrespective of acts showing such intention, does not so meet the requirements of the law as to justify him in claiming that such machinery and gearing do not pass with the realty. Such intention must be made out by facts, words and circumstances. A cotton gin being necessary to a cotton plantation, and being erected thereon, if not expressly excepted, passes to the purchaser of the plantation.</p> <p>3. Tenants. — Removals of structures erected by tenants, for special trades or occupations, must be done during the tenancy, and not after its termination.</p>