McKiernan v. Hesse
CHARLES McKIERNAN v. JOSEPH HESSE, A. T. WARREN, CHARLES HELLBECK and C. F. MOHRIG
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
Section 660 of the Civil Code defines what structure shall be deemed to be affixed to the freehold, and the findings show that under that section the engine and boilers were annexed to the land in the sense of that section. Being so annexed, they passed to Warren, the grantee of the United States, when he acquired the title. (Collins v. Bartlett, 44 Cal. 371; Pennybecker v. McDougall, 48 Cal. 160.) The defendant, holding under Warren, succeeded to his rights, and is, therefore, entitled to the engine and boilers. But the machinery which had been detached, and which together (with the tools, had been stored in the cook-house, before Warren’s right accrued, were personal property, to which he acquired no title under the grant from the United States. Under the findings, the plaintiff was entitled to judgment *597for the personal property stored in the cook-house, and the defendant should have had judgment for the remainder.
Judgment reversed and cause remanded with an order to the court below to modify its judgment in accordance with this opinion.
Remittitur forthwith.
Cites, in this corpus
- Pennybecker v. McDougal No. 3,755 · 1874-07-01
- Collins v. Bartlett No. 2,866 · 1872-07-01
Cited by
- United Pacific Insurance v. Cann Civ. 15991 · 1954-12-01
- Gosliner v. Briones S. F. No. 9031. · 1921-12-14