Blakeley
Bond Investment Co. v. Blakeley
Opinion
Lead Opinion
Thompson, J.
This is an appeal from a decree finding that plaintiff is the owner and entitled to the possession of 650 acres of land in Kings County, together with a certain dwelling-house and machine shed, and restraining the removal of said buildings.
Appellant claims that, as a mere licensee, he constructed these buildings in question, with the express consent of the owner of the land, for him to remove them at will, and asserts that there is no evidence to support the findings of the trial court to the effect that these buildings were “an integral part of the realty,” or permanently resting thereon.
Prank Blakeley, the father of appellant, was the owner of the land in question at and prior to April 5, 1921, upon which date he and his wife, Clara M. Blakeley, executed a deed of trust to the Title Guarantee and Trust Company, as trustee, to secure a loan of $25,000, borrowed from the Mortgage and Guarantee Company, named in said trust deed as the beneficiary, which mortgage deed was duly recorded May 10, 1921. Subsequently, on October 30, 1922, Frank Blakeley and wife deeded this property to their son Floyd and his brother, which deed was also recorded on November 1, 1922. The appellant…