39 Minn. 479 | Minn. | 1888
This is an action for converting a dwelling-house, claimed by plaintiff to be personal property belonging to him, and by defendant to be part of real estate belonging to it. The case, as it is presented here, must turn on the decision of the question whether it was personal property or was part of the realty; or, rather, whether there was evidence from which the jury might find it personal property. On the evidence the court below directed a verdict for the defendant, and the verdict was so rendered. The evidence tended to prove that in 1861,1862, or 1863, one Stevens, with others, owned the land, and he had charge of it for all the owners; that
If the jury had found this testimony to be true, it would have made a case of putting the house on the land by license of the owner. There was nothing in the manner of constructing it, or in the mode of its connection with the soil, to require a finding that it was intended to be permanently annexed so as to become a part of the freehold; for it does not appear that it could not be removed without injury to the land. The jury might have found it a case of mere license, without any agreement, except such as might be implied from it and the circumstances under which it was given, as to whether the house, after its construction, should belong to the builder, or to the owner of the land. In accordance with the general current of authorities, this court in Little v. Willford, 31 Minn. 173, (17 N. W. Rep. 282,) announced and followed the rule that “where the authority for placing a building upon the land of another rests upon his license, and the consideration of the case is uninfluenced by the unreasonable laches of the licensee, or other special circumstances, he is regarded as continuing to be the owner of the building, and equitably entitled to remove the same, if he elects, and if such removal be practicable, and works no serious injury to the land or premises of the licensor to which it was annexed.” This rule, originating in courts of equity,
Order reversed.
Collins, J., did not sit in the case.