Story Case

George Miller owned two adjoining farms, one called Golden Oak Farm and the other the Home Farm. There were two wagon roads leading from the Golden Oak Farm to the main highway; one of these crossed the Home Farm, and the other lay entirely upon the Golden Oak Farm. The roads were equally good in their location and fitness for travel. Miller sold the Golden Oak Farm, with all appurtenances, to Henry Purcell, who, subsequently, claimed the right to cross the Home Farm along the road to the main highway. Miller contested this right. Can Purcell force him to allow the use of the road?

Ruling Court Case. Humphrey Vs. Mckissock, Volume 104 United States Reports, Page 304

In this case, several railways had combined to construct an elevator, to be connected with respective roads. Each company contributed an equal sum towards its cost, and each was to have equal privileges in the use of it. The Wabash Railroad, of which Humphrey is receiver, made a mortgage to another company, of which McKissock is receiver. This mortgage purported to cover all property then owned by the company, or thereafter to be acquired, "and other appurtenances thereunto belonging." McKissock, as representative of the mortgagee company, claims the right to the interest of the mortgagor company in the elevator. It is claimed that such interest passed under the term" appurtenances. "

Mr. Justice Fields said: "The Wabash Company possessed a separable legal interest in the elevator; it would not be appurtenant to the railroad. That building is situated at some distance from the railroad. A thing is appurtenant to something else only when it stands in the relation of an incident to a principal, and is necessarily connected with the use and enjoyment of the latter. A thing appurtenant is denned to be a thing used with and related to or dependent upon another more worthy, and agreeing in its nature and equality with the thing whereunto it is appendant or "appurtenant.' " Judgment was given for Humphrey.

Ruling Law. Story Case Answer

It is the general rule that a thing cannot be appurtenant to something unless it is inferior or only incident to the thing to which it is appurtenant. For example, land may not pass as appurtenant to land, because neither tract of land is inferior to the other in legal contemplation. The thing appurtenant must be of such a nature that it is for the full use or enjoyment of the principal thing passed; it must be closely connected in use; and, also, it is usually said that the thing appurtenant must be a necessity.

In the Story Case, the way over the Home Farm was not a necessity to the Golden Oak Farm; therefore, it does not pass in the deed, unless the conveyance was expressly to this effect. It does not pass under the use of the word "appurtenances."