Supreme Court of Pennsylvania, 1890

Vail v. Weaver

Vail v. Weaver
Supreme Court of Pennsylvania · Decided February 17, 1890 · Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams
132 Pa. 363; 19 A. 138; 1890 Pa. LEXIS 822

Vail v. Weaver

Opinion of the Court

Per Curiam:

The principal question in this case was, whether the machinery and fixtures of the electric plant, which were placed in the tack-works, were placed there permanently or not. If they were temporary fixtures, placed there for a temporary purpose, their sale under the writ of fieri facias passed a good title. Mere physical annexation is no longer the rule. It is a question of intention. The intention to annex, whether rightfully or wrongfully, is the legal criterion: Hill v. Sewald, 53 Pa. 271; Seeger v. Pettit, 77 Pa. 437; Morris’s App., 88 Pa. 368. This question was submitted to the jury by the learned court below under adequate instructions, and their verdict ends the case.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.