Bass

—' Plaintiff EAC Credit Corporation brought a claim and delivery action to recover personal property sold to William A. Bass on a conditional sales contract. Pursuant thereto, the sheriff took possession of such property, being equipment of Bass’ drycleaning establishment. This included fixtures which were severed from the real property Bass had occupied. Harry R. Johnson Farms, a corporation, respondent herein (hereinafter designated as “HRJ”) filed a third party claim, alleging that their tenant, CAE Investment and Realty Corporation (hereinafter designated as “CAE”) had defaulted, and both it and its franchisee Bass had abandoned the leased premises, thereby vesting it with title to the fixtures in question.

On May 29, 1967, a 20-year lease was executed by HRJ, as lessor, and CAE, as lessee. The lease provided that any additions to or alterations of the leased premises, except movable furniture and trade fixtures, should become at once a part of the realty and belong to the lessor. It was further provided that if the lessee should abandon, vacate or surrender the leased premises, any personal property belonging to the lessee and left on the premises should be deemed…