The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-08-13

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been held to include them. In view of
such nice and subtle distinctions, one is
tempted to exclaim with the Earl of War
wick in Shakespeare's Henry vi:
ssBetween two hawks, which flies the higher pitch,
Between two dogs, which hath the deeper mouth,
Between two blades which bears the better temper,
Between two horses, which doth bear him best,
Between two girls, which hath the merriest eye,
have, perhaps, some shaower spirit of judgment,
But in these nice sharp qaillets of the law,
Good faith am no wiser than daw."
WHAT DEED OF FARM INCLUDES.
OF course every one knows it conveys
all the fences standing on the farm, they
forming part of the realty, Ricketts, VS..
Dorrell, So, Ind, page 40, but all might
not think it also includes the fencing stuff.
posts, rails, etc., which had once been used
in the fence but had been taken down and
piled up for future use again in the same
place III Hill, page 142) see, also, note l
to Frederick vs. Devol, Is Ind, page 357 /;
same question as in Taffe VS.. Warrick, III
Blackboard Ind. Rep, page Ill, but new
fencing material just bought and not at
tached to the soil would not pass. Will
liams on Personal Property, page 81; Is
Ills, page $50. So piles of hop poles, stored
away, if once used on the land have been
considered part of it Il Herman, page 1887,
but loose boards or scaffold poles laid
loosely across the beams of the barn and
never fastened to it would never be, and
the seller of the farm might take them
away. billiard on Real Property. Vol. l.,
page %; Laws N. Y Sup. CT. Rep. 219
Standing trees, of course, also pass as part
of the land; so do trees blown or cut down
and still left in the woods where they fell
(54 Me. 309), but not if cut and corded up
for sale; the wood has then become per-
sonal property, Williams on Personal
Property, page TO- If there be any manure
in the barnyard or in a compost heap in
the field, ready for immediate use the
buyer ordinarily takes that also as belong
ing to the farm, billiard on Real Property,
Vol. l., page Is sec. IS and authorities
cited; same author, Vol II, page 1856, sec.
81; Washburn on Real Property. Vol. L.,
page Ii sec. IA and authorities; though it
might not be so, if the owner had previous
ly sold it TO some other party and had col
lected it together in heap by itself (43
VT, page 95). Ut may be we'll to remark
here that the policy of encouraging agri-
cultural improvements, will not permit the
outgoing tenant to remove manure which
has accumulated during his term. See
note to page 81 Williams on Pers. Prop
erty. A tenant, therefore, can not move
the manure from the farm rented by him
either before or at the expiration of his
lease, Bownell VS.. Allen, SO Ind, Rep. page
1907 Growing crops also pass by the deed
of farm, unless they are expressly re-
served, and when it is not intended to
convey those, it should be so stated in the
deed itself; a mere oral agreement to that
effect would not be valid in law except
when it was a part of the consideration,
Heavilow VS.. Heavilow 90 Ind, page 500;
with this exception growing crops pass by
the deed of the land, Jones ct al vs.
Thomas, s Blackf. Rep. 42S; Chapman VS..
Long, 10 Ind. 465; Turner ct al. vs., Cool,
% Ind, page Sc; Washburn on Real Prop
erty, Vol. l., page 6, sec. 8. Another mode,
(besIdes reservation In the deed), 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 buildings on the farm,
though generally mentioned IN the deed,
it is not absolutely necessary they should
be. A deed of land ordinarily carries all
the buildings on it belonging to the grant
or, whether mentioned or not; and this
rule includes the lumber and timber of
any old building which has been taken
down, and packed away for future use on
the farm $50 decided in Al N. III. sos; 80
Penn. ST., 1851. But if there be any build
ings on the farm built by some third per-
son, with the farmers leave, the deed
would not convey these, since such build
ings are personal property and do not be-
long to the landowner to convey. The
real owner thereof might move them off,
although the purchaser of the farm sup
posed he was buying and paying for all
the buildings on it. His only remedy in
such case would be against the party sell
ing the premises. AS part of the buildings
conveyed, of course the window blinds
are included. even if they be at the time
taken off and carried to painters shop to
be painted. 1t would be otherwise if they
had been newly purchased and brought
into the house but not yet attached OF
fitted to it 40 w. 1881. Lightning rods
also go with the house, if farmer is fool
ish enough to have any on his house. A
| furnace in the cellar, brick or portable il
considered II part of the house, but ar
ordinary stove with loose pipe running
into the chin ney is not. while range sci
in brick work is Mantel pieces so attached
to the chimney as not to be removed with
out marring the plastering go with The
house, but If m erely resting on brackets
| they may be taken away by the forme
owner without lie gal liability. The pumps
sinks, etc., fastened to the building are
| part of it in law aud SO are the water pipe
connected Herewith bringing water iron
distant spring. If the farmer has irol
kettles set in brick work near his barn 70
cooking food for his istock, or other SINH
lar uses, the deed Of his farm covers thes
also, as likewise bell attached to hi
! barn to call his men to dinner. If he in
dulges in ornamental statutes, vases, etc
resting on theground by their own weigh
merely and sells his estate without resel
vation, these things go With the land. Fo
i authorities upon the subject of fixture
see Williams on Real Property, PIP. ID AM
IA; Washington on Real Property, Vol. /