Opinion
April Term 1818.
A still set upon the lands of the lessor by the lessee may be seized under a ft. fa., and sold as the property of the lessee. (See De Graffenreid v. Scruggs, 4 Hum., 451; Childress v. Wright, 2 Cold., 350.)
[Cited in: 5 Heis., 98; 4 Lea, 331.]
The question in this case is, whether a still set upon the lands of the lessor by the lessee could be seized under a fi. fa. by the sheriff as the property of the lessee, and be sold as his. As between a creditor and lessee, it certainly may. The decisions is modern times have gone far to consider fixtures, made for the purpose of carrying on a man's trade, as not coining under the idea of fixtures becoming a part of the freehold: As between landlord and tenant, there is the same disposition. And even as between heir and executor, modern notions are far more liberalized and accommodated to the ordinary purposes of those who carry on business than formerly. 4 Rep. Herlohenden's Case, Salk. 368. Judgment accordingly.