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Harrison v. Schluder

Charles L. Harrison, Trustee v. G. Schluder

Harrison v. Schluder, 2 Ky. Op. 505 (1868)
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Court
Court of Appeals of Kentucky · State Appellate Courts
Decided
December 5, 1868
Judges
Peters
Citations
2 Ky. Op. 5051868 Ky. LEXIS 468
Headnotes
Fixtures — Landlord and Tenant. ' A claim of a tenant to have buildings, put upon the leased premises for his convenience and for the purpose of trade, considered as personal property, is to be considered with the greatest latitude and indulgence. And is held, that the Circuit Court did not err in so considering the claim of appellee.
Summary
APPEAL FROM JEEEERSON CIRCUIT COURT.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Peters

Text extracted by OCR from a scanned original; check the original for exact wording.

OPINION OE THE CouRT BY JüDGE PETERS :

In Johnson’s Exr. vs. Wiseman’s Exr. 4 Met. 357 , this court said questions respecting the right to what .are called fixtures arise between three classes of persons:

1. Between heir and executor, and there the rule obtains with most rigor in favor of the -inheritance; and against the right to consider as a personal chattel anything which has been affixed to the freehold. 2. Between the executor of a tenant for life and the remainderman, or reversioner, and here the right to fixtures is considered more favorably to executors. 3. Between landlord and tenant; and here the'claim to have articles considered as personal property is received with the greatest latitude and indulgence. 4. There is still an exception of a broader character in respect to fixtures erected for the purposes of trade.

The controversy in this case is between the tenant and the vendee of the landlord who occupies the place of landlord, and the rule is between such that a claim of the tenant to have buildings put on the leased premises for his convenience, and for the purposes of trade, considered as personal property, is to be considered with the greatest latitude and indulgence. And applying this rule to the present case there appears to be no error in the judgment of the court below. And the same is therefore affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1932: 11937: 119322026peak 1932 · 1

Relies on it most ⓘ

  1. Bank of Shelbyville v. Hartford103 S.W.2d 217 (Ky. Ct. App. 1937)
  2. Schultz v. Seiler Motor Car Company48 S.W.2d 1063 (Ky. Ct. App. 1932)

Most recent

  1. Bank of Shelbyville v. Hartford103 S.W.2d 217 (Ky. Ct. App. 1937)
  2. Schultz v. Seiler Motor Car Company48 S.W.2d 1063 (Ky. Ct. App. 1932)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Johnson's v. Wiseman's, 61 Ky. 357 (1863) 17

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