113 Ala. 215 | Ala. | 1896
The appellants sued in trover to recover for the conversion of certain fixtures which are described in the complaint. The plaintiffs leased a storehouse from Potter for a period of five years, ending September 30th, 1895, and after occrjpying the building for two years, sublet it, with the consent of Potter, to Weil & Brother for the unexpired term. The plaintiffs' interest and title to the fixtures arose from certain provisions contained in the lease from Potter, and rights reserved in the sub-letting to Weih & Brother. The lease contract from Potter provided for the construction of certain fixtures in the storehouse by the parties of the second part (plaintiffs), and provides, that “it is further agreed and contracted by the parties hereto that any fixtures which may be. put into said premises by the party of the second part at his own cost, shall remain
Reversed and remanded.