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Historical Theses and Dissertations Collection Historical Cornell Law School

1896

The Law of Fixtures with Special Reference to

Questions Arising between Landlord and Tenant
L. Whitney Safford
Cornell Law School

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Safford, L. Whitney, "The Law of Fixtures with Special Reference to Questions Arising between Landlord and Tenant" (1896).
Historical Theses and Dissertations Collection. Paper 397.

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 THE LAI O FIXTURIS ",ITh SEP7CIAL TO

QUESTION S ARISING BETWEE LANDLORD AIMD T11MANT.

-- )
000--

THESIS PRESENTED FOR T2KiTY',-' D OF 3AC;iD,'OR OF LAWS.

BY

. IITIY SAFORD.

S--- r0---

,ITO L 07 TJA'7.

1890.
 THE LATI OF FIXTURES ;IT: SPTCiA 1}7r71iCE TO

QUESTIONS ARISING FTh2L'R LANDLORD AID T-DIANT.

-- oO3---

IITRODUCTI ON.

The law of fi-tizres has its ortgi:± ii -the .xceptions

to the rules of law that 4atever is ai .exed to the freehold

becomes part of the re-alty. The exceptions to this rule

have grown so rapidly i nmrnber that it has been found necess-

ary to arrange them i-.to F;orae sort of a syste,, and iT this

wavr the law of fib-tt-cs >r. bec, ' tally built up. Cian-

collor o:eit ii. voltun.o ; of iris Cori.2 taries at age 402

speaks of the above a-, folLow; "The law of fixtures is in

derogation of the coi.]on law which subjected everything af-

fixed to the frohold to the law governing the freehold; axd

it has grown up into a system of judicial legislatiou so as

to almost render the right of removal of fixtures a general

rule, instead of "ei~g n- xcQr0io.." It would Syoom from

the above that Chancelior ecct

recogrn k,- I t( existonce of

what are known as,,reovablc fixtures, but their existol.ce is

not generally recognized by the courts as rill be shown in

chapter 1 of this treatise.

 The subject is a broad o:o, and in this brief work

it Will be im-possible to dwell at le<gh upon details aind

the :::! nice questions arisi,:j in co-, Uion therewith. It

shall be the purpose of this work to treat of the go: &ral

subject only so far as is :;ocessary in order to ascertain

the meaning of the term "fixtures" as goroeraliy recognized

by the authorities. To this end part I shall be directod.

Part 2 will 'reat briefly of the more important

quoetions 7hich arise t o> landlord and tea-t with re-

spoct to this suboject.

 PART 1.

--- 00---

CHAPT MR I.

WHAT CONSTITUTES FIXTJRES.

A fixture is an article which was a chattel but

which by being physically annexed or affixed to the realty

by someone having an interest in the soil, becomes a part

and parcel of it.

It is difficult to define the term"fixtures" and

there is great confusion both in the text-books and in the

decisions of the courts as to what is such an annexation of

chattels to realty as to make them part of, and pass by con-

veyance of the freehold. The difficulty seems to be in

giving a definition which will apply to all cases. As was

well observed by Kent, J., in Strickland v Parker, 54 140e.2C3,

"It is not to be disguised that there is an almost bewilder-

ing difference and uncertainty in the various authorities,

English and American, on this subject of fixtures, and on

the qu<estion of what passes by a transfer of the realty. One

thing is quite clear in the midst of all this darkness, and

that is, that no general rule aplicable to all cases and to

all relations of the parties can be extracted from the author-

ities."

The word has been used by so many writers in various

senses and this ambiguity has so often been followed by the

courts that the law on the subject has been greatly confused.

Another element of uncertainty is the fact that so many ex-

ceptions have been allowed to modify the original idea of a

fixture, that now each case must be decided rather upon the

circumstances that surround it, than upon any general prin-

ciple that can be evolved from the law.

3ecause of this multiplicity of exceptions, many

writers and courts have thrown aside the definition as used

in the earlier law on this subject, and adopted one whose

import is almost op-posite in meaning. Thus a fixture has

been defined to mean a p:ersonal chattel annexed to the free-

hold, and which may be severed and removed by the party who

has annexed it, against the will of the owner of the freehold,

Piclkeral v Carson, 3 Ia. 544.

Sheen v Ritcl.io, 5 i. -c. 7. 175.

Ha!21r, v Rundr1M, I 2. M. & R. 264.

Iaylor's ].andlord and Tenant, See. 544 Note 1.

 7era r, s ,a'- ~f ixtures, Page 2.

2 Kent's Con. ( "Vi Jd.) 402.

Gibmons -uat of ;"- e Law of Fixtures 2.

Grady'5s Law of Fixtures 1.

2 Bouvio ".'s Tnstitutes of Au. Law. 162.

Titdc,:an on Real Pro-rty, Sec. 4.

Ewell on Fixtures, Pages4 and 5.

There may be some propriety in this definition of

the term when confined in its application to annexations

made by a stranger to the land of another without his con-

sent, or when confined in its application to the relation of

landlord and tenant, or tenant for life or years and re-

mainderman or reversioner, to which several of the elemen-

tary writers have chiefly confined their attention. But it

does not express the accurate meaning in its general appli-

cation. An article attached to the realty, but which is

removable against the will of the owner of the land, has not

lost the nature and incidents of chattlo property. It is

still movable property, passes to the executor, and not to

the heir, on the death of the owner, and may be taken on ex-

ecution and sold as other chattels. A removable fixture as

a tern of general application is a solectsm - a contradiction

in words. There seems to be no good reason for classifying

movable articles which nay have become temporarily attached

to land under any general denomination distinguishing them

fro other chattel property.

It is the ancient aaxia: of the law, that whatever

becomes fixed to the roal'iy, '.r-o con)s accessory to

the freeihold and arta':os of all its legal incidents and

proporties and cannot .)0 severed aad removed without the

consent of the owner. 2uid4uid plantatur solo, solo cedit,

is tho ancient language in which th, iAaxin has been expressed.

The tori, fixture in iIls ordinary signification, is expressive

of the act of annexation and denotes the change which has

occurred in the nature and the legal incidents of the prop-

erty; and it appears to be not only appropriate, but necess-

ary, to distinguish this class of property from movable prop-

erty, possessing the nature and incidents of chattels. This

meaning of the term is sustained by the greater number of

adjudicated cases.

Toaff v Hewitt, I 0.S$.511.

2 Muith's Loading Cass, 114.

 Potter v Conwell, 40 N. Y. 287.

Gaffield v Hapgood, 17 Pick. 192.

Christian v Dripps, 28 Pa. St. 271.

1ill on Fixtures 14.

1e. Ewolil in his treatise seems to doubt the sound-

ness of the statement made by the judge in his opinion in

'Teaff v Hewitt" and says "With reference to the objections

to the use of the term in this sense, that "an article at-

tached to the realty, but which is removable against the

will of the owner of the land, has not lost the nature and

incidents of chattel property", and that "a removable fix-

ture as a term of general application, is a solecism - a con-

tradiction in words", it may be observed that, if the term

is applied solely to articles once chattels, but which by

being physically annexed or affixed to real estate, have be-

come a part of and access;ory to the freehold, the property

of the owner of the land, there seems to be no need of any

distinct legal term to di9tinguish them, as they at once be-

come parcel of the realty, and subject to all the rules of

law governing real estate in Je %:.al, and stand in no more

need of a separate nomenclature than turf, gravel, growing

trees, or other parts of the realty. And though removable

fixtures retain to some extent some of the attributes and

incidents of chattels, in other respects, during such an-

nexation, they to some extent retain some of the incidents

of realty, and it is precisely because of their mixed nature,

partalzing in part of the nature of realty and in part of

that of personalty, that a distinct term may properly be

used to distinguish such articles, on one hand, from prop-

erty possessing all the attributes of realty, and on the

other hand from mere chattels.

As to the contradiction in words involved in the

use of the terms "removable fixtures", it may be observed

that the word "fixture,, nocesF;arily means only something fix-

ed or attached to another, as distinguished from a movable,-

a status of fixation or annexation, and does not seem to im-

ply that such annexation is not severable."

Eweli on Fixtures, 5.

Mr. F'7rard in his treatise on Page 11 makes a sim-

ilar statement, adding,- It should, however, be observed

that the term "fixtures" has been used by the courts, and

amongst the text writers without much precision; and it is

 it is
difficult to determine in which of the above senses

most frequently employed."'

 Ci APTER iI.

TESTS AS TO WMiETtER A FIXTURE OR NOT.

--- 000---

As to what are the tests by which to determine

whether an article is a fixture or a mere chattel there has

been, and still is, great confusion among the authorities.

It has been held in many caso)s that the question of removing

the chattel without injuxy to the freehold or to its self

was important in deciding whether a certain article was a

fixture or not.

In Swift v Thompson, 9 Conn. 03, where the machinery

of a cotton manufactory consisted, partly, of implements in

no way attached or secured to the building; partly, of spin-

ning frames, nailed to the floor, to prevent their moving,

but such frames were not otherwise attached to the building;

and partly- of other machinery, to the parts of which iron

plates were attached, through which wood-screws passed, fas-

tening them into the floor, but by unscrewing such wood-

screws, the machinery could be removed without injury to the

building or to the machinery itself; it was held, that the

whole of such machinery was personal property, Dagget, J.,

remarking, ,,Beyond a doubt these articles are in no respect

real estate except as they are attached to the freehold. It

is material here to observe, that an important part of the

description is, that they were thus attached to the building

to render them stable, but that they might be removed to any

other part of the building, or to any other place, without

any injury to the freehold. To operate successfully, they

must be fixed, like clocks, and many other articles, which

arc clearly personal and movable. We resort, then, to the

criterion established by the rules of the coimmon law: could

the property be removed without injury to the freehold ? The

case finds this fact. This then should satisfy us."

The above is also held in the following cases:

Farrar v Chauffetete, 5 Denlo. (N.Y.) 527

I urdock v Gifford, 18 N. Y. 28.

Hunt v :Jlullanphy, 1 1o. 503.

Bewick v Fletcher, 41 :iich. 625.

Lamphere v Lowe, 3 Nob. 131.

Fullam v Stearns, 30 Vt. 443.

Many oases hold that the intention of the party

making the annexation is the chief element to be considered

in detcrminiing wh'at are fixtures.

Thus in 53 Pa. St. 271, an action of trover to re-

cover the value of two boilers, that case was that S convoy-

ed to J.3.S. a piece of ground, on which was a steam-mill,

and took a mortgage from him for a part of the purchase

money. About two years after the boilers etc. in the mill

being worn out and unfit for use, were removed, and H, by

agreement with the wife of J.M.S., who was then in the army,

had boilers belonging to himself put into the mill, under an

agreelient with her that he was to be paid '4.00 a month for

their use, and have the right to remove them whenever he

pleased. They could be removed without other injury than

taking down the boiler wall, which was built of brick, and

stood under a shed outside the mill.

They remained attechod to the mill and continued to

be used as a part of its motive power for about four years,

when premises were sold by sheriff and repurchased by defen-

dants, on a judgment against J.1.L.S. for unpaid purchase money

due on said mortgage; it was held, that the boilers were

personalty. Agnew, J., in his opinion, says: "VTrnon these

boilers and their connoctions wore built into the mill of

J.;I.S., 4i is clear that it was with no intention on his

part, or those who acted for him, to affix it to the realty

as his property, or with an intention to make it his own by

a wrongful conversion. They were placed there as the per-

sonal chattels of 11. under a valid contract of hiring for

their tomporary use, and the right of removal beinig expressly

reserved. 1How then can it be said that a chattel is con-

verted into realty when it was !.either the intention of the

owner of the chattel nor that of the owner of the freehold

to annex it ? If it be considered as anu-exed, it must be

purely on account of its physical attachment or because the

mortgagee had acquired a lien upon it. The latter was not

the fact, and the former we shall show is not the criterion

of the law. Unquestionably the intention to annex, whether

rightfully or wrongfully, is the true legal criterion."

The above is also hold by the following cases:-

Perkins v Swans, 42 !Liss. 349.

Allen v Mlooney, 130 lass. 155.

Ottumna Co. v Hawley, 44 Ia. 57.

Jones v Ramsey, 3 Ill. App. 308.

4 Century Law Journal 22.

Ii v Wentworth, 2F-t. 421.

 It is on this principle that we find a class of cases

holding that when one fixes his own chattel on the land of

another, it is in legal effect a gift of it to the owner of

the land.

Washburn v Sproat, 16 Tias. 449.

Dooley v Crist, 25 ill. 551.

Crimpe. v .orrison, 13 :ich. 35.

Gibbons Fixtures, 13 Law Lib. 2, Page 4.

Also, that where the owner of the land wrongfully

affixes the chattels of another, it is conversion of them

into the realty, and by the change of their nature leaves

the remedy of the owner only in daiages.

Gibbons Fixtures, above cited.

Another class of caoos hold that the true test of a

fixture is the adaption of the article to the uses and pur-.

poses to which the realty is applied and no regard is had to

the character of the annexation.

In Voorhis v Freoman, 2 W. c S. (Pa.) 119, it was

held that machinery, which is a constituent'part of the man-

ufactory, to the purposes of which the building has been

adapted, without which it would cease to be such manufactory

is part of the freohold, though it be not actually fastened

to it; and this criterion has a place in questions betqeen

vendor and vendee, heir and executor, as well as debtor and

and execution creditor; but not between tenant and landlord,

and romainderman. It was ruled, therefore, that a mortgage

and sale of a lot and iron rooling-mili, with the buildings,

apparatus, steam-engine, boilers, and bellows attached to

the same, passed the entire set of rools used in the mill,

whether actually in place, or temporarily detached to make

room for such as were; and that such rools could not be

seized and sold as chattels, on a fiere facias against the

mortgagor. The above case was followed in Pyle v Pennook,

2 V1. & S. (Pa.) 390, and the same criterion was recognized.

in Farrar v Stackpole, 0 :-o. 154.

The above holdings afford an ample illustration of

the contradicttan among tile authorities. It is now hold by

the later authorities that in order to ascertain whether or

not a particular thing is a fixture, it is necessary to ap-

ply certain rules that have been agreed upon by the courts

in adjudicated cases, and if the article in question meet

the requirements of the rules, it is decided to be a fixture.

The rules are three in nmrbor and as follows:-

1. The article under consideration shall be act-

ually annexed to the realty or to something appurtenant

thereto.

2. It shall be appropriate to the use or purpose

of that part of the realty with which it is connected.

3. it shall be intended by the party making the

annexation to be a permanent accession to the freehold.

Scobell v Block, 32 Hun. 223.

Hence it will be seen that the term "fixture" is

not predicable of anything which is not susceptible of phys-

ical annexation; thus, the name "What Cheer House", used by

a tenant to designate a building used by him as a hotel, is

not such a fixture that the landlord or his vendee of the

premises, on the tenants surrendering the same, has a right

to the continued use of the same to designate that hotel.

In 21 Cal. 443, where Vi leased a lot of land, on

which he erected a building, in San Francisco, and used it

as a hotel, to which he gave the name of "'What Cheer House".

Before the lease expired, he purchased an adjoining lot,upon

which he erected a large building, and for a time occupied

both buildings as the "What Cheer HOuse", the principal sign

being removed to the one last built. He soon after surren-

dered the leased lot, with the building which was on it, and

continued the busines!, under the same name, entirely in the

building which he had erected on the lot he had purchased.

Afterwards the defendant, having 'purchased the first men-

tioned lot and building, opened there a hotel, under the

name of the "Original What Cheer House" - the word "original"

being painted on the sign in small letters and in a manner

calculated to deceive the public into the supposition that

it was the same name. in an action by W. against the do-

fendants, to restrain them from using the name "What Cheer

House", for their hotel, it was held: that the name estab-

lished for a hotel is a trade-mark, in which the proprietor

has a valuable in-terest, which a Court of Equity will pro-

toot against infrin-oaont; also held, that a tenant by giv-

ing a particular name to a building, as a sign of the hotel

business for which he uses it, does not thereby make the

name a "fixture" of the building, and the property of the

landlord on the expiration of the lease.

 As to what is a sufficient annexation to meet the

requiroments of rule 1, above statod, is a question rhich is

not well settled mong -h, autliorities; but it may be gener-

ally stated that some degree of actual fixation is necessary.

The leading case in the United States upon this

point is Walkor v Sherman, 20 Wendell G6, here CowenJ.,

in delivering the opinion said: "In order to come within the

operation of a deed conveying ,he froohold, whether by metes

and bounds of a plantation, farm or lot etc. or in terms de-

noting a mill or factory etc. nothing of a nature personal

in itself rill pass unlest it be brought within the demon-

ination of a fixture by being ii snoe way permanontly, as

least habitually, attached to the land or some building upon

it". He then proceeded as follows "it need not be constant-

ly fastened. it nb~t be so fixed that detaching will disturb

the earth or rend any part of the buildin, etc."

Having deterined as -.oarly as postcible what a fix-

ture is; and having noted tie iCtvs are to bo aimliod

in deternining rhether an article, once personal in nature,

has, because of its contact with real prop.-rty, lost it.

identity as personal proporty and beco:-,e a fixture, and con-

 17

sequently a part of the roalty, the work of --art 1 of this

treatise is completed. MHere the writer wilL leave the gen-

eral subject and proceed with part 2 w-Ich will treat briefly

of the quontionm arising b . landlord and tenant with

regard to fixtures.
 PART 2.

QUESTIONS ARISING BET'IMEK;1 LANDLORD AN]D TIM-ANT VITH

REGARD TO FIXTURES.

-----
o3:---

When the questioni arises between landlord and ten-

ant for years and for life respectively, as to articles of

personal nature affixed to the realty by such tenant during

his term, a more liberal rule is followed. The general

rule that everything permanently alnxed to the soil becomes

a part of the realty, and cannot be removed still holds good;

the only question being what is meant by it! It is clear

that the more putting a chattel irAto the soil of another can-

not alter the ownership of thie chattel.

To apply the rule th.cre rm'uFt bu such a fixing to

the soil as reasonably to lead to the inforence that it was

intended to be incorporated vwith t>e soil. Since the ten-

ant's interest in the land is temporary in character, and

since it is not to be inferred that he intonded to benefit

the estate of the r(-omaindorma; or reversioner, the pre-

sumiption is raised that he did not into:;d the annexation to

be permanent but only to continue during h1i tis ; and for

this reason there are certain exceptions to the above rule,

created in behalf of the tenant in respect to certain olasses

of fixtures.

The tenant is ;nenanited to remove an article which

falls within one of these classes, even though firmly af-

fixed to the soil; provided such removal ril- rot result in

any permanent and material injury to the freehold, and pro-

vided also that the right of removing be exercised within

the time prescribed by law. The above mentioned classes

are three in number and as follows: (1) Trade fixtures;

(2) Agricultural fixtures; and (7) Fixtures set up for the

purpose of ornament or convenience, comzionly known as domes-

tic fixtures.

At first the common law rule was relaxed only in

favor of trade fixtures, but the tendency of the law at the

present day is to permit the tenant to remove all articles

he may attach to the soil, which come under one of the above

classes and which ca. be removed without permanent injury to

the freehold.

The first question which would present itself would

be, therefore, can the article in (lustion"',1 b3

1i)i)
one of these classes. The answer Lo this question will de-

pead largely upon the circurastances of each particular case,

but we may formulate a general idea of what are included with-

in these classes by noting their meaing and observing a few

of the leading articles which have been held by different

courts to come within their scope.

Trade fixtures are those erected by a tenant on

leased premises for the purpose of carrying on a trade or

manufactory.

They have been held to include buildings. Thus in

Van Ness v Pacard, 2 Peter's (U.S.) 137, in rendering the

opinion Story, J., says, "It has bern suggested at the bar,

that this exception in favor of trade has never been applied

to cases like that before thC ourt, whure a largo house has

been built and used in part as a family rosidonco. But the

question, whether removabl. - ) ies not depend upon the

form or size of the building, whether it has a brick foun-

dation, or is one or two sitories hih, or has a brick or

other chimney. Thd sole question is, whether it is designed

for trade or not." The above is also held in the R.R. Co. v

Deal, 90 N.C. 111.

 Engines and machinery in a mill, though firmly af-

fixed to the building, are, when so affixed by a tenant for

years, for the purpose of carrying on a business of a per-

sonal nature, the personal property of such tenant.

Cook v Transportation Co., I Dei. (N.Y.) 91.

Mc Nalley V Connolly, 70 Cal. 3.

Wholler v Bedell, 40 rich. 605.

Kelsey v Durkeo, 7,: Tar.- (;,.Y.) 410.

Dobschuetz v iolliday, 82 Ill. 371.

Shelves, couwters a;Id othor articles placed in a

building, by a tenant for life or years, for the purpose of

fitting such building for use as a store, are the personal

property of such tenant.

Guthrie. v Jones, 108 :Iass. 191.

Josslyn v Mc Cabe, 46 Wis. 591.

Gas-fixtures (so called) bought by a tenant for use

in his business and screwed upon gas-pipes fastened to the

ceiling, are not fixtures, but are the personal property of

the tenant.

Lawrence v Kemp, I Duer 363.

Guthrie v Jones, 108 "Tass. 191.

Hays v Doano, 11 N. J. F. 84.

 Agricultural fixtures are those that have been

erected for the purposes of agriculture. These are not as

fully recognized as trade fixtures but the tendency in the

United States at the present time is to place them on the

same footing.

Hop poles put on a farm by a tenant for his tempo-

rary use, with the intention of removing them, are removable

as between him and his landlord and his landlord's grantoo.

Wing v Grey, 56 Vt. 261.

Also a saw-mili and machinery; a cotton gin and

press; and a grist mill, have, when erected by a lessee of a

farm, beem1held to be removable and the property of the

tenant.

Perkins v Swank, 43 . 2,9.

Me Jurken v Dupree, 44 Texas 501.

Growing plants and nursery trees set out by the

tenant are personal property, as between lessor and lessee"

but when the land is demised for a nursery, the lessee must

remove the trees, before he surrenders possessiox, at the

end of his term, or the title to them will vest in the owners

of the reversion.
 Wintermute v Light, 40 Barb. (N.Y.) 278.

Brooks v Galster, 51 Barb. (N.Y.) 196.

Domestic fixtures are annexations made by a tenant

to the dwelling-house which he occupies to render his occu-

pation more comfortable or more co[1vo::ie-:t. These are div-

ided into two classes: Those erected for use, and those in-

tended for ornaental purposes. At the present time they

receive equal favors with trade fixtures but originally the

latter received the preference.

Slate mantels which are hung upon hooks in false

chimneys, art) not fixtures, but personal property and as

such belong to the tenant.

Cottrell v Griffin, 18 Weekly Dig. 270.

For.a further discussion of this subject see the

dissent-lg opinion of Johnson, J. in Snedeker v Warring, 12

N. Y. 170; also Taylor's "Landlord aad Tonant" section 547.

Another question frequently arises regarding the

period within which the tenant will be allowed to remove

annexations made by him to the realty. The general rule

may be stated as follows: If articles which a lessee has a

right to remove while in possession of the premises, are left

until after such possession is surre, dored,without agreement

reserving to the lessee the right of removal, the lessor

takes title to them as Dart of the roalty.

Keogh v Danieli, 12 "Jis. 1C4.

Josslynn v ::c Cabe, 46 Uis. 501.

Dostal v :c Caddon, ,5 Iorwa 318.

Griffin v Ransdall, 71 Ind. 440.

Dlingley v Buffnu, 577:e. 381.

This strict rule is not applied where the tenamuoy

is uncertain in duration, as whon it depends upon a ooiatin-

gency, or when the lessee is a tenant for life or at will,

but in such case the law allows a reasonable time for the

removal of such articles.

Watriss v iiat. Bark, 124 -Uass. 571.

Lawton v Lawton, 3 Atk. 13.

Cooper v Johnson, 145 *:ass. 108.

In Lewis v The Ocean Navigation and Pier Co., 125

N. Y. 341, it was held that a tenant having the right to

remove articles placed by him upon the premises has the same

right so long as he reoains in possession, and if he holds

over after the tormination of his lease and is thereupon

evicted by summary proceedings, if he claims, and is refused,

the right to take such fixtures with him, he may maintain an

action for their conversion.

If a tenant who P.; the right to reraove articles

erected by him on the demised premises, accepts a new lease,

including the building, without ankv roservation, and eAers

upon a new term thereunder, the rigiht of removal is at an

end; though the actual possession has bece continuous.

Talbot v Cruger, 81 Hun 504.

Longhram v Row-, 45 N. Y. 792.

Hedderick v Smith, 103 Ind. 203.

Mc Ivor v Estabrooz, 134 -ass. 350.

The landlord and tenant may stipulate as to the re-

moval, of articles affixed to the realty, after the expi-

ration of the term.

horo there is an agretiec.t between parties as to

what articles are fixtures the intent of tha parties is to

be given effect, and if the language is ambiguous, the prac-

tical interpretation of it by them is entitled to groat

weight.

The latter of the Eurela M'ower Co, 3C Hun C09.

 If the lessor agrees to purchase the buildings erect-

ed by a tenant, there is an i:nlied promise that the lessee

shall have possession of the premises uxtil the fixtures are

paid for.

Van Rexsselaer's HMeirs v ?oeiuan, 6 lgend.(N.Y.) 569.

An arc> :ae .t be -we.an a landlord and tenant that a

building thereon erected by the tonant shall remain porsonal

property determines only the rigjii,; of the parties interested

In the agreement at that date, axd is not conclusive as to

the relative rights of subsequent oV'-1.s and tenants.

Talbot v Cruger, 81 !:W-1 504.

The more important questions having been cosidered,

for want of time the writer will be obliged to close this

work heroalthough conscious that there yet remains a broad

field for investigation.

 TABLE OF CASES.

--- 000---

Allen v :ooncy, 10 ::as7v. 155.

Bewiok v Fletcher, 41 :ich. 625.

Brooks v Galster, 51 Bari). (N.Y.) 196.

Christian v Driprs, 28 Pa. 2t. 271.

Cooper v Johnson, 143 "-ass. 108.

Cook v Transportation Co., 1 Doeo (N.Y.) 91.

Cottrell v Griffin, 18 Zuokly Dig. 270.

Crippin v M'orrison, 152 :ich. 55.

Dingley v Bufj'ur, 57 lo. 381.

Dobsohuetz v Holliday, 82 Ill. ,71.

Dooley v Crist, 25 Ill. 551.

Dostal v l c Caddon, !5 Ia. 318.

Eureka Mower Co., atter of, W Hin 509.

Farrarr v Chauffet.te, 5 Denio (N.Y.) 527.

Farrar v Staokpole, 9 ;e. 154.

Fullam v Stearns, 30 Vt.443.

Garfield v }Iapgo<d, 17 Pick. 1C;.

Griffin v Ransdall, 71 Ind. 440.

Guthrie v Jones, 108 1asF. 191.

 TABLE OF CASES. (co:1tinuod)

Halbn v Runder, 1 C. &. R. 204.

Hays v Doane, 11 N.J.E. 84.

Hedderick v Smith, 103 Ind. 200.

lili: v Wentrorth, 28 Vt. 428

Hunt v iZullanphy, 1 .:o. 508.

J... v ____, 53 Pa. St. 271.

Jones v Ramsey, . Ill. A-. :708.

Josslynn v 17c Cabe, 4 Wis. 701.

Kelsey v Durkee, 33 2arb. (N.Y.) 410.

Keogh v Daniell, 12 ;1is. 1C4.

Lamphere v Lome, 3 Neb. 1-1.

D
Lawrence v Kemp, 1 Tior 02.

Lawton v Lawton, s Atk. 13.

Longhram v Ross, 45 N. Y. 702.

Me Iver v Estabrook, 134 :.ass. 550.

Mc Jurken v Dupro( , 4K- Tex. 50J.

Mc Nalloy v Coniolly, 70 Cal. 3.

Murdock v Gifford, 18 N.Y. 28.

Ottmnma Co. v 44
/1awle:,
Ia. 57.

Piokeral v Carson, 8 Ia. 544.

 TABLE OF CASES. (co:tinued)

Perkins v Swans, 42 349.

5iss.

Perkins v Swank, 43 "is . 349.

Potter v Conwell, 40 N. Y. 287.

Pyle v Peniock, 2 W. & S. (Pa.) 390.

R. R. Co. v Deal, 90 :I.C. lil.

Scobell v Block, 82 Hun 223.

Sheon v Ritchie, 5 K. & 7. 175.

Snodeker v Vlarring, 12 N. Y. 170.

Strickland v Parker, 54 Mc. 263.

Swift v Thompson, 9 Conn. 63.

Talbot v Cruger, 81 Hun 504.

Teaff v Hewitt, 1 Oh. St. 511.

Van Ness v Pacard, 2 Peter's (U.S.) 137.

Vax Rexsselaer's Heirs v Pon;liman, 6 Wendell (N.Y.) 569.

Voorhis v Freema:, 2 V. & S. (Pa.) 119.

W v -, 21 Cal. 148.

Walkier v Sh3rnan, 20 Iondell 675.

Washburx v Sproat, 1 1M1ass. 449.

Watriss v National Bank, 124 Mrass. 571.

Wheeler v Bedell, 40 ,Lich.693.

Wing v Grey, 36 Vt. 261.

Wixtermute v Light, 46 Barb. (N.Y.) 278.