National Bank v. North
National Bank v. North
Opinion of the Court
By agreement, this case was submitted and tried by the learned judge of the common pleas without the intervention of a jury. The controlling question was whether the radiators and valves attached thereto, levied on and sold by the sheriff to the plaintiff, rvere ever part of the realty, or remained personalty, and by said sale became the property of the plaintiff.
The first and second specifications, charging error in finding the facts therein recited respectively, are not sustained. Each of these findings was fully warranted by the testimony. The remaining five specifications complain of the conclusions of law therein mentioned. It is unnecessary to consider them in detail. There appears to be no error in either of them. An examination of the record has satisfied us that the learned trial judge was substantially correct in his legal conclusions, as well as in his findings of fact from which they were drawn. His opinion is an ample vindication of the correctness of both; and, for reasons therein given, we think the judgment should not be reversed.
Judgment affirmed.
Reference
- Full Case Name
- National Bank of Catasauqua v. North
- Cited By
- 37 cases
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- Published
- Syllabus
- Fixtures — Annexation to realty — Intention. As to all articles not so intimately connected with the freehold as to become essentially a part of it, the intention, not the mere physical fact of their connection with the realty, is the criterion of annexation. But the “ intention ” which thus becomes controlling is not the secret design which may dwell in a party’s mind and as to whose existence he alone can speak, but that “intention” which was either expressly declared by the parties competent to make it the governing rule, or which flows, patent to all, from the nature and character of the act, the clear purpose to be served, the manifest relation which the articles bear to the realty, and the visible consequences of their severance upon the proper and obvious use of it. Fixtures — Steam, heating apparatus. Radiators and valves connecting with steam heating apparatus are not fixtures attached to the realty. They are exactly analogous to gas fixtures and are severable from the real estate.