Southern standard. (McMinnville, Tenn.) 1879-current, 1885-05-09
4 @@IGWATWA@e
DR.. J. B. RlTcHEY, EDITOR.
What Passes by a Deed.
Edward S. Judd, in Prairie Framer.

passes by the deed-tnat Is, WnaU IlA-
lures or movables are included in the
transfer Of ownership Of the farm, al
though there may be no question as
to how far the farm extends, and
how many acres it contains. Many
of these disputes result from the diff
Guilty of distinguishing between "real
estate" and personal property" or,
to use more accurate legal terms, be-
tweed Gland" and "fiXtures." In
law, the word Gland" includes houses
and barnes. and other buildings, as
we'll as the soil itself, and "fiXtures"
are articles affixed to land, as pumps,
fences, mantlepieces, hooks for hang
ing clothes, articles of household fur
niture, etc. "FiXtures" are COM
monty classed as ENJOYABLE" and
"immovable," the latter including
all articles 50 attached to "land," Or
using the term in its legal sense (that
is, including its buildings) that they
cannot be removed without damag-
ing the Gland" such as doors, per-
manent shelvings, etc, while articles
not so attached, as chairs, stoves,
etc., are ''movablen fixtures. The
rule is, that the land, in its legal
meaning, and all immovabletiXtures,
pass by the deed. Bearing the fore
ging in mind, it is commonly easy to
determine what articles the deed
passes.
Buildings and Fences 90 ooih the
LaRd.- Whether mentioned in the
deed or not, all the permanent build
ings on the farm pass by convey
ance. Temporary buildings, as corn
cribs, hog-pens, lighthouses, ETC., will
pass, unless expressly reserved in the
deed. SO strong is the presumption
that all the buildings on the farm
pass by the deed, that even when a
third person has been allowed by the
farmer to put a building on his land,
such building is commonly held to
go with the farm, and the actual
owner is not allowed to remove it.
1t is argued that the buyer of the
farm had a right to suppose that the
building belonged to the farm. The
owner Of the building can recover its
value of the man who has sold the
farm upon which it was placed. II
is very commonly known that the
fences pass with the sale. of the farm
1t is also true that, fencing material
as posts, boards, etc., when once
used, go with the farm, although
they may be at the time of the SALE
out of the soil, and piled away fol
future use. If, however, the fencing
materials have never been used, bu
have only been hauled on to thu
farm to be made into fence at som'
future day, then they will not pas
by the deed unless especially men
toned. Loose boards thrown acrOs
the beams in the barns, and scaffolC
poles, do not go with the farm, bu
can be taken down and removed, o
sold. 1t would be otherwise if the,
were nailed or fastened to the build
ing. 1t is held that boards and tim
Der once used in a building, whicl
has been torn down, and the mate
rial stored away to be used again, G
with the farm, as a part of the rea
estate.
OiCnerShip of crops "Firt~eS."-
Growing crops are so far fixtures
that they they pass with the dee,
for the farm, unless expressly resery
ed in the deed itself. A mere verba
agreement that the crops shall not 6
with the land is not enough to bin
the parties. The deed passes tn
ownership of all the growing tree
and Of the trees which have fallen i
the woods, and which remain whel
they fell. When chopped down an
piled into cord-wood, or ready to /
hauled to the saw-mill and made int
lumber, they become personal prol
erty, and do not follow the Owne
ship of the land.
ManureS and Fertilizers Stat,
where fertilizers are used, the ia
that manure commonly goes with IL
land, instead of being the property
the man who owned the stock TIL
produced it, has been settled by man
lawsuits.
Windoa0 Blinds, Nantes Furnace
Etc.-Doors and window blind
whether on the house, or taken ava
from the premises to be painted, a
so far "land' that they go with Il
deed. If however the blinds hay
never been fitted to the house, Il
man who bIyS thp farm will have