20 Wash. 607 | Wash. | 1899
The opinion of the court was delivered by
The respondent borrowed $6,000 from appellant and secured payment of same by mortgage upon two lots in Seattle, on which was at the time a residence in which was domiciled respondent and family. At the time of the execution of the mortgage, there were in the residence four mantels. These mantels were of hard wood, the frames standing above the brick projection of the fireplace and extending down each side to the floor. They were about seven or eight feet high, consisting of a large center plate mirror and a series of small mirrors, brackets and shelves. Subsequent to the execution of the mortgage, there was also placed in the residence a porcelain bath tub standing on four legs and connected in the usual manner with the soil pipes. A hot water heater was
There are three assignments of error: (1) That the court erred in refusing to allow the declaration of homestead to be admitted in evidence; (2) that the court erred in not permitting testimony as to whether said residence was a finished residence without said articles annexed to it, and whether the value of the premises as a residence was impaired by their removal; and (3) that the evidence did not sustain the verdict. Plaintiff offered in evidence a certified copy of the record of declaration of homestead made by Eva J. Miller, wife of the respondent, which instrument, it is alleged, was offered for the purpose of indicating the intention of the respondent and wife to make said premises their homestead and any fixtures attached thereto permanent fixtures. To this offer counsel for respondent objected and the objection was sustained. It seems to us that this evidence was incompetent and immaterial. There was no controversy over the fact that the house was built for the permanent residence of the respondent ; and, if there had been, the fact of having filed a declaration of homestead would not tend to prove the intention with which the articles in controversy were affixed. The homestead declaration might have been filed at any time, and it might have been filed prior or subse
There is a wilderness of authority on this question of fixtures and a hopeless conflict of decision. We have examined the cases cited by the appellant which have been decided by this court, and are unable to conclude that they tend to sustain its contention; and other cases, as we have before indicated, are so conflicting that it would be profitless to undertake to review or harmonize them. The question of whether or not the particular piece of furniture or machinery is a chattel or fixture has been held by a majority of the courts to be a mixed question of law and fact. In this case the court instructed the jury. These instructions were not excepted to and must be presumed to have correctly stated the law; and, the jury having found the facts in favor of the respondent, we would be loth to disturb their findings, unless we were compelled to say that, as a matter of law, the property sued for was a part of the
The question of fact having been submitted to the jury under proper instructions, and a verdict having been rendered in favor of the respondent, the judgment will be-affirmed.
Gordon, O. J., and Anders, Reavis and Fullerton,. JJ., concur.