In  formulating  the  rule  as  to  fixtures  annexed  by  a  tenant
for  years,  it  was  said  that  such  fixtures  are  regarded  as  per-
sonalty, that  is,  they  remain  the  personal  property  of  the  ten-
ant and  do  not  become  a  part  of  the  realty  and  thus  the  prop-
erty of  the  landlord.  But  this  general  principle  is  subject  to
this  qualification:

IF  A  TENANT  DOES  NOT  BEHOVE  HIS  FIXTURES  DUB-
ING  HIS  TEBlff,  THIS  INDICATES  THAT  HE  ANNEXED  THEU,
OB  HAS  ABANDONED  THEK,  WITH  THE  INTENT  THAT
THEY  SHOULD  BECOICE  A  FABT  OF  THE  BEALTY  AND  HE
CANNOT  AFTEBWABDS  CLAIM  THEM  AS  HIS  FBOFEBTY.*

This  rule,  like  other  general  rules,  has  its  natural  and  rea-
sonable exceptions.  If  the  tenant  is  prevented  from  removing
them  during  his  term  by  the  wrongful  conduct  of  the  landlord


the  furnace  and  some  of  the  pipes  and  registers.  Allen,  as  executor,
sued  Mooney  for  the  converBion  of  the  furnace  and  the  pipes  and  reg-
isters which  he  tools  away.  The  case  was  tried  before  a  judge  without
a  Jury.  The  judge  found  that  the  furnace  was  personal  property  and
never  became  a  part  of  the  realty.  Upon  a  review  of  the  case  in  the  Su-
preme Court  it  was  held  that  the  matter  in  dispute  was  so  far  a  question
of  fact  that  the  decision  of  the  circuit  judge  could  not  be  reviewed  by
the  Supreme  Court.  The  same  doctrine  was  maintained  in  Turner  vs.
Wentworth,  119  Mass.,  459,  in  which  case  the  judge  in  the  court  below
found  that  the  portable  furnaces  had  become  a  part  of  the  realty.
