Albert v. Uhrich

Supreme Court of Pennsylvania
Albert v. Uhrich, 180 Pa. 283 (Pa. 1897)
36 A. 745; 1897 Pa. LEXIS 918
Dean, Green, McCollum, Mitchell, Sterrett

Albert v. Uhrich

Opinion of the Court

Per Curiam,

On the assumption that the plaintiff was legally entitled to recover in this case, the jury found in his favor a small percentage of his claim — all in fact that he was able to prove — subject to the opinion of the court on the following question of law reserved: “Did a good title to the boiler, engine and appliances mentioned in the plaintiff’s statement pass to the purchasers of the mill in 1893 by the sheriff’s sale and conveyance ? ” The court being of opinion that it did, afterwards entered judgment in favor of the defendants on the reserved question non obstante veredicto. That was clearly right. According to the undisputed evidence the articles in question never were trade fixtures, and the plaintiff had no right to remove them either before or after the sheriff’s sale under the mortgage.

Our consideration of the questions involved has led us to the conclusion that there is no merit in any of the specifications of *287error; nor do we think either of them requires discussion. For satisfactory reasons given in the opinion of the learned president of the 9th judicial district who specially presided at the trial, the judgment non obstante veredicto was rightly entered. Judgment affirmed.

Reference

Full Case Name
John Albert v. John Uhrich, Valentine D. Uhrich, George H. Uhrich and Amanda M. Kline, Owners, and Frederick Foltz, Lessee
Cited By
6 cases
Status
Published
Syllabus
Fixtures — Husband and wife — Mortgage. Where a husband voluntarily, at his own expense, places on his wife’s real estate consisting of amill property which he is managing as her agent, a boiler and an engine, with suitable connections for furnishing power when the water is low, and subsequently joins his wife in executing a mortgage on the land, the boiler and engine are not trade fixtures, and the husband, as against the mortgagees or purchasers at sheriff’s sale on proceedings under the mortgage, has no right to remove them.