Parker v. Blount County

• Decision Date: 30 June 1906
• Citation: 148 Ala. 275,41 So. 923
• Parties: PARKER ET AL. v. BLOUNT COUNTY.
• Court: Alabama Supreme Court

41 So. 923

148 Ala. 275

PARKER ET AL. v. BLOUNT COUNTY.

Supreme Court of Alabama

June 30, 1906

Appeal from Circuit Court, Blount County; W. W. Haralson, Judge.

"To be officially reported."

Action by Blount county against George H. Parker, as trustee, etc and others. From a judgment for plaintiff, defendants appeal. Affirmed.

Ward &amp Weaver, for appellants.

Emery C. Hall, for appellee.

HARALSON J.

Detinue for an iron safe. The commissioners' court of Blount county owned the old building used for the courthouse. Such building is no longer used for such purposes. They purchased the safe in 1896, and placed the same in said courthouse for the purpose of keeping in it the records of the court. It was very heavy and was moved on rollers attached to the safe. The commissioners had a foundation of stone and cement built from the ground to the level of the floor of the house, for the purpose of securing and supporting the safe; and when said foundation was finished, the safe was rolled on and supported by this foundation, but was not attached in any manner to it. The door of the room in which the safe was placed was too small to admit it, and it became necessary to take out a part of the wall of the room, large enough for the safe to enter and be rolled on to its brick and cement foundation, and it could only be removed in some such way.

It was shown, that the courthouse lot was sold by the county to R F. Wyatt, who testified, that when he purchased the old courthouse, the safe was not sold with it, and he did not purchase the same, nor did he sell it to W. F. Harrell, to whom he sold the lot and building, and said Harrell knew and understood it. The bill of exceptions recites that the safe was the property of Blount county. The minutes of the commissioners' court recites that Wyatt purchased from the county, "the Bangor court house lot," and they conveyed the same to Wyatt, and he sold and conveyed the property to Harrell, who conveyed the same to defendants as trustees of Columbia College. It further appears, that when Wyatt purchased the lot from the county, he did not attempt to buy the safe, nor did the commissioners attempt to sell it to him, but it was agreed between the commissioners' court and Wyatt that he should sell it for the county, if he could find a purchaser.

"The true rule is, that articles not otherwise attached to realty than by their own weight are prima facie personalty, and articles affixed to land in fact, although only slightly, are prima facie realty, and the burden of proof is on the one contending that the former is realty or that the latter is personalty." 19 Cyc. 1136; Bank v. Kiser, 119 Ala. 201, 24 So. 11; Powers v. Harris, 68 Ala. 410.

"The early theory was that physical annexation was essential to constitute a fixture. * * * In the leading American cases the conclusion was [reached] that there is no one test, but that whether a chattel has become a part of the freehold, requires the united application of the following elements: 1. Actual annexation to the realty or something appurtenant thereto. 2. Appropriation...