Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 42 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ... A. T. A S. F. Rid. Co. v. Morgan. iu all other respects the judgment to be affirmed; the costs of this court to be divided. By the Court: It is so ordered. All the Justices concurring. The Atchison, Topeka & Santa Fe Railroad ComPany v. James A. Morgan. 1. Stbuctube, a Fixture, or not. Whether a structure is a fixture or not depends on the nature and character of the act by which it is put in its place, and the purpose for which it is intended to be used. 2. Fixtube, What is--Criterion. In determining what is a fixture, the simple criterion of physical annexation is so limited in its range and so productive of contradiction, that it will not apply with much force. 3. Pebsonal Pbopebty, When a Fixture. One of the tests of whether personal property retains its character or becomes a fixture, is the nses to which it is put. If it is placed on the realty to improve it and make it more valuable, it is some evidence that it is a fixture; but if it is placed there for a use that does not enhance the value of the realty, this is some evidence that it is personal property. 4. Win--Removal of Pump and Boiler. Where a railroad company dug a well and put in a pump and a boiler for the purpose of filling its tank on the line of its railroad, and used the same for several years, believing the well and attachments were upon its own land, when it is discovered that they are on another's land, the company can remove the pump and boiler without paying the owner of the land therefor. Error from. Osage District Court. This was an action brought by defendant in error in the district court of Osage county, against the plaintiff in error, to recover the sum of $500 for an alleged trespass, and to enjoin further trespasses threatened by plaintiff in error upon...