Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1879-08-28
WHAT DEED OF A FARM IN
CLUDES.

W "a
CLUDES.
OF course every n knows it con-
veys all the fences standing on the
farm, but all might not think it also
included the fencingstuf posts, rails,
etc., which had once been used in
the fence but had been taken down
and piled up for failure use again in
the same place e Hill, l42). But
new fencing material just brought
and never attached to the soil would
not pass (l6nl.4So). sopiles of hop
poles, stored away. if m used on
the land have been considered a part
Of it Il Herman, 1879; butloose boards
or scaffold poles laid loosely across
the beams OF the barn and never fas-
tened to it would not be. and the sell
Ter of the farm might take them away
Il Lans. 3l9). Standing trees, Of
course, also pass as pant Of the land;
SC do trees blown down or cut down
and still left in the woods where they
lell Ga Me. 309), bat not if cut
and corded up for sale the wood has
then become personal property.
If there be any II in the
barnyard, or in a compost heap on
the field, ready for Immediate use,
the buyer ordinarily takes hat also
as belonging to the farm; though it
might not be 60, if the owner had
previously sold it to some other party
and had collected it together in a
heap by itself (43 Vt. 95.) Growing
crops also pass by the deed of a farm,
unless ley are expressly reserved
ard when it is not intended to con-
vey those, it should be so stated in
the deed itself a mere oral agree
ment to that effect would not be valid
in law (l9 Pick. 3l5.) Another mode
is to stipulate that possession is not
to be given until some future day, in
which case the crops or manure may
be removed before that time.
As to the buildings ON the farm,
though generally mentioned in the
deed, it is not absolutely necessary
they should be. A deed Of land or
dinarily carries ali the buildings Oh
it belonging to the grantor, whethe:
mentioned or not and this rule in
cludes the lumber and timber of any
old building which has been taken
down or blown down, and been pack
ed away for '.sure use on the larm
al N. f., SOB Penn. st. 1857.
But if there be any buildings Oh
the fan built by some third person,
with the farmers leave, the deed
would not convey these, since such
buildings are personal property and
do not belong to the land owner to
convey. The real owner thereof might
move them off, although the purchas.
er Of the farm supposed he was buy
ing and paying for all the buildings
on it. His only remedy in snch case
would be against the party selling
the premises. As part Of the build
ings conveyed, Of course the window
blinds are included, event they be
at the time taken off and carried to
a painters shop to be painted. 1t
would be otherwise if they had been
newly purchased and brought into
the house, but not yet attached or
fitted to it Gao Vt. 233). Lightning
rods also 60 with the house. A fur
mace in the cellar, brick or portable
(39 Conn. 362), is considered a part
Of the house, but an ordinary stove
with a loose pipe running into the
chimney is not GA Wend. lGl) while
a range set in brickwork is e Mass.
432). Mantelpieces 80 attached to
the chimney as not to be moved with
out marring the plastering go with
the house, but if merely resting on
brackets they may be taken away by
The former owner without legal la
bility (l02 Mass. SID. The pumps,
sinks, etc., fastened to the building
are o part of it in law 90 Mass. 457),
and so are the water pipes connected
Herewith bringing water from a dis
spring (97 Mass. 1889. If the far,
mer has iron kettles set in brickwork
near his barn for cooking food for his
stock, or other similar uses, the deed
Of his farm coverst them also (l9 Pick.
3l4), as likewise a bell attached to
his barn to call his men to dinner
(l02 Mass. 5l3). If he INDUCES in
ornamental statues, vases, ETC., resi-
ing on the ground by their own weight
merely, and sells his estate without
reservation, these things go with the
land az N. Y, l90.--,Judye Bennett.
A Losing joke.
A prominent physigfan of Pittsburgh