Everitt v. Higgins

Paul and Shelley Higgins (defendants) owned a home containing a decorative antique wood stove that was not operational, was not attached to the chimney or house, and could be removed by simply lifting it; a prior owner had blocked the chimney flue behind it with concrete, and the house had an entirely separate, independent gas heating system. When the Higginses sold the house to Everitt (plaintiff) and moved out, they took the stove with them. Everitt demanded its return, the Higginses refused, and Everitt sued, arguing the stove was a fixture that passed with the sale. The magistrate ruled for the Higginses, the district court affirmed, and Everitt appealed.