Van Ness v. Pacard

27 U.S. (2 Pet.) 137, 7 L. Ed. 374 (1829)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Van Ness v. Pacard

United States Supreme Court
27 U.S. (2 Pet.) 137, 7 L. Ed. 374 (1829)

JC

Facts

Van Ness (plaintiff) owned a lot in the city of Washington. Van Ness rented the lot to Pacard (defendant) for seven years at a rental price of $112.50 per year, with Pacard having a right to purchase the lot at any time for $1,875. Pacard built a two-story wooden dwelling house, a shed, a brick- or stone-foundation cellar, and a brick chimney. Not only was Pacard a carpenter, but also Pacard testified that he built the building so that he could work as a dairyman. Specifically, Pacard indicated that the cellar, which contained a spring, was his milk cellar and that Pacard kept and cleaned his tools in the cellar. Pacard also testified to doing some carpentry work in the main house. Matters got heated when Pacard tore down all of his buildings near the end of the lease. Van Ness then sued Pacard for waste to the premises based on Pacard’s tearing down of the house, which was a fixture. Under traditional English common law, whatever fixtures were built onto leased premises became part of those premises and could not subsequently be removed. That said, the application could vary even within that general law. The rule was read most tightly in situations involving an executor committing waste on the premises of an heir but more loosely between a landlord and a tenant. In fact, British law had allowed the removal of fixtures made to carry on business, although this had not been extended to agricultural implements. Pacard won a judgment at trial, but Van Ness appealed to the Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Story, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership