
    FIXTURES.
    [Circuit Court of Hamilton County.
    George W. C. Johnston v. Samuel Wooding.
    Decided, December 23, 1902.
    
      Fixtures — Uncertainty Regarding, to be Resolved in Favor of the Landlord, When.
    
    Doubt as to whether certain articles are fixtures is resolved in favor of the landlord, where the articles are not removed within the term of the tenancy or within a reasonable period thereafter.
    The plaintiff leased to R. M. Quigley & Co. certain real estate near the new Cincinnati water-works for a period of two years. Without plaintiff’s consent, Quigley & Co. constructed upon the premises a six-inch driven well, of the depth of 150 feet, fitted with casings, tubes, pipes and a force pump, which was operated by a vertical boiler resting upon stones which lay over the surface of the ground, all for the purpose of forcing water from the well through iron pipes diagonally across the premises, a distance of 1,200 feet. A building standing on posts and of small value, was erected over the boiler for protection. Quigley & Co. gave a chattel mortgage on all their property situated on the premises, which wás foreclosed, and the pump, boiler, casing, pipes, etc., were sold without notice to the lessor. Subsequently the lessor released the premises to a third party, and thereafter the defendant attempted to remove the pump, boiler, etc., when the present suit was brought to enjoin such removal. In the common pleas a perpetual injunction was granted.
    
      D. H Pottenger and A. C. Shattuck, for plaintiff.
    
      H. J. Appling, contra.
   Per Curiam.

"Whatever of doubt there may be as to the nature of things in dispute herein, whether or not they are fixtures, is resolved in favor of the landlord by reason of the fact that they were not removed during the term of tenancy or within a reasonable time thereafter.

Decree for plaintiff.  