21 Iowa 177 | Iowa | 1866
The defendants in this action, had, prior to the commencement of this suit, brought their action of replevin to recover a slaughter-house, shed, pens, ropes, kettles and other appurtenances, alleging that they wereu the owners thereof, and that the same were personal property. Tbe plaintiffs herein then brought this action to enjoin the execution of the writ of replevin in the action by. those defendants against them. The injunction was granted temporarily, and the execution of the writ was enjoined after it had been partially executed by the delivery of the kettles, ropes and some other articles.
But this is an equitable action, triable by the first method, and in such case the court may either accept or reject the finding of the referee, and may, with or without a statement of any finding of fact, render such judgment as he considers equitable. Rev., §§ 2999, 3000.. In this case, therefore, it was the duty of the District Court, and is alike our duty,'to adjudicate the case upon the evidence, and not alone upon the finding of facts.
We do not propose to enter the labyrinth of the law on the subject of fixtures, nor to seek to straighten or to reconcile the tortuous and conflicting decisions on that subject. But we place our decision of the cause upon the ground that the improvements or property in controversy' were made and erected on the land, upon the faith of, at least, an implied license, given or sanctioned by the owner; and that the plaintiffs acquired their right to the land with a full and actual knowledge of such license. Prince v. Case, 10 Conn., 375; Rerick v. Kern, 14 Serg. & Rawle, 267; and same cases with the notes thereto and authorities cited in 2 Am. Lead Cas., 736 to 777, especially 746-7 and 8.
It will be remembered that this is a case in equity, in which the plaintiffs have assumed the burden of proving their paramount right and title to the property and
The judgment of the District Court is reversed, and the petition of the plaintiffs is dismissed absolutely.
Reversed.