Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1886-04-29
WHAT A DEED CONVEYS

Judge Bennett, of Massachusetts,
before the state board of agricul-
ture, said, in substance, that deed
CONVEYS the fence standing on the
farm, tho fencing stuffs, 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. But new
fence material, just bought and
never attached to the soil will not
pass. Standing trees pass as part
of the land SO do trees blown or
cut down and still lett in the woods
where they fell, but not if cut and
corded up for sale the wood has
then become personal property.
Manure 81 the barn-yard, or IN a
compact heap ready for immediate
use, the buyer ordinarily takes as
belonging to the farm !; though it
might not be SO If the owner had
previously sold it to some other
party and had collected 1t in n
heap by itself. Growing crops
pass by the deed of farm, unless
they are expressly reserved, and
when It is intended to reserve those
it should be SO stated in the deed
itself; a mere oral agreement
would not be valid in law.
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 tRrm, though
generally mentioned in the deed,
1t is not absolutely necessary they
should be. A deed of land ordi-
narily carries all the buildings on
it belonging TO the grantor, wheth-
er mentioned or not; and this rule
includes the lumber and timber Of
any one building which has been
taken or blown down and been
packed away for future use Gu the
farm. But if there by any build
ings on the farm built by some
third person, with the farmers
leave, the deed would not convey
these, since the buildings are per-
sonal property and do not belong
to the landowner to convey. The
real owners thereof might move
them. of, although the purchaser
of the farm supposed he. was buy
ing and paying for oil the build
Ings on 1t. His only remedy in
such case would be against the
party selling the premises.
As part of the buildings con-
veyed, the window-blinds are in
cluded, even if they be at the time
taken off and carried to the
painters shop to be painted. II
would be otherwise if they bad
been newly purchased and brought
into the house but not yet attached
or fitted to it. LightnIng-rods go
with the house. A furnace in the
cellar, brick or portable, is con-
sidered a part of the house, but an
ordinary stove, with loose pipe
running into the chimney, is not
while . range set in brick-work is.
,Mantel.pieces SO attached to-the
chimney as not to be removed
without marring the plRstsring go
with the house, but if merely rest
ing on brackets they may be taken
away. Pumps, sinks ETC., fastened
10 the building are a part of 1t in
kaw. and so are the water-pipes
.conaeeted herewith bringing
0vater from a distant spring. II
Ahe farmer had iron kettles set in
patchwork, near his barn for cook
ing food tor his stock, or similar
uses, the deed of his farm covers
them, as likewise the bell attached
to his barn to call his men to
dinner. If he INDUCES in any or
Damental statues vases, ETC., rest
ing on the ground by their own
weight, and sells his estate with
out reservation, these things go
with the land.-Ex.