Teaff v. Hewitt

In Teaff v. Hewitt, 1 Ohio St. 511 (1853) jurisprudence, however, the ultimate question of the existence of a fixture has usually been decided as a matter of law. Brown, 16.1 at 517. The reason, as the California Supreme Court observed in Crocker National Bank v. City and County of San Francisco, 49 Cal. 3d 881, 782 P.2d 278, 264 Cal. Rptr. 139 (Cal. 1989), is that "the classification of an object as a 'fixture' or as 'personal property' is not a factual description of the object, but a statement of a legal conclusion or result as to entitlement to the object." Id. at 281-82. Therefore, "on appeal a trial court's classification of a particular item as a fixture must be reviewed independently." Id. at 281.