11 Iowa 533 | Iowa | 1861
When a party has, by his own tortious act, severed an article from the realty, which but for such severance would be real property, replevin will lie for its recovery. Such act, however, will not have the effect of making the property liable to execution, if it was before exempt. The only question in this case, then, is whether the property in controversy was, at the time of the seizure by defendant, exempt from execution. And it is admitted that it was so exempt, if it was so attached as to constitute and become a part of the realty.
The general rule is as stated by appellant and found in Am. & Fer. on Fixt. 3, “that to constitute a fixture in its strict sense, there must be a substantial and permanent annexation to the freehold itself, or to something connected with the freehold.” And exceptions contravening the spirit and policy of this rule, should not be favored. • The character of the article, that is, whether it is a fixture or personal
In our opinion the verdict was warranted by the testimony, and there was no error in overruling the motion for a new trial.