Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-05-24

HI Dy Walter X. Towers, A.
John Skinner planted a row of ar
! pie trees on his own land. some si
feet from the boundary line. Tn
trees flourished and eventually tn
branches extended over Neighbo
Wilder's property and the roots, be
ing no respecters Of legal titles, push
ed across under Wilders soil. In ,
fall Of big fruit crops the sight o
80 much fine fruit hanging abov'
his property aroused Wilder. He be
thought himself OF the principle O
law that mans property extend
Indefinitely upward and indefinitel!
downward, got his ladder, and lean
lag 1t against the branches above hi
own property picked the fruit tha1
inagled there. He kept entirely OF
and over his own land In harvesting
the fruit.
Skinner sued Wilder for unlawfully
-aking his apples and recovered
damages. The court ruled that
though the apples dangled over Wild
er's land they grew on q tree the
main trunk Of which was exclusive
ly and entirely on SINNERS land
that It was SINNERS tree and all Of
the fruit on 1t SINNERS property
1T was Wilder's right to keep limbs
rom extending over his property by
cutting them Oft, but he had nc
light to take any OF SINNERS pro-
perty because 1t extended past his
inc.
In cases where trees are planted
on the boundary or so close that
the main limbs extend directly into
the other parcel Of land, the gener-
al rule IL that the owners Of the ad-
Joining lands are proprietors Of the
rec as tenants In common and so
must share it's produce. II either
should injure the tree the other may
ave his remedy against him.
Generally speaking. whatever Is at
sached to the earth 10 real proper
ty and so remains as long as It 10
10 attached. This applies to grains
and grasses as well as to the fruit
lpon trees and bushes. This should
always be kept In mind in selling
cultivated lands Of any kind. All
crops growing thereon, being part
OF the realty, will pass under the
iced to the new purchaser. unless
they are specifically reserved. In
some jurisdictions certain annual
crops may be reserved orally, but 1t
IS always best, and usually absolutely
necessary. that the reservation be q
written clause In the conveyance.
Crops that are unharvested at the
time Of a mortgage sale, being still
attached to the land, are realty and
pass to the purchaser under the mort
gage sale. So, too, one who recov-
ers land by enactment secures all
the growing crops attached to the
land, as in view Of the law they
are part of 1t, and SO pass to the sue
cessful claimant Of the title.
When you lease land have an eye
to the title Of your landlord, or you
may lose your crop while 1t Is still
growing You secure no better rights
than the man from whom you lease
and II there is a mortgage due and
he dtes not pay It the land may be
sold and the growing crops pass toI
he purchaser. So, too, the landlord
night not have coed title and q sue.
,essful claimant III ejectment would
llso Gust you.
Langdon Cummings owned forty
lcres on the River Road. The land
vas heavily mortgaged and Cummings
vas troubled with load Of other
lebts. Saulson, large, unsecured
reditor, secured judgment against
and sought to enforce I'll
" levy. Cummings had q fine patch
L blackberries and another of wheat.
10th the berries and the wheat were
eWed upon. The levy upon the ber-
les was defeated; that upon the|
Wheat allowed. The reason was that
he levy was effective only against
ersonality and the court regarded
erries as realty but wheat a. per-
onality. and this though both We're
till attached to the soil.
Though all crops are realty as long
9 they remain physically attached
0 the land for certain purposes, a.
ointed out above there are other
oints OF view from which certain
rops are regarded az personally and
theirs as realty. This important dis.
lnction is the one the law draws
etween what 1t refers to as fructes
aturales and fructes industriales:
nd 1t matters not to the law that