deed and the power-of-attorney must both be recorded. A general power-of-attorney, when recorded, is to be revoked by recording the instrument containing such revocation.

CHAPTER LIX.

EMBLEMENTS AND FIXTURES.

1. ALL estates in lands, in fee or for life, are freehold estates, and are real property. All other estates in lands are personal property. The word lands generally includes the buildings and appurtenances thereto belonging. If one man erect buildings on the land of another man, without any authority or permission, express or implied, the buildings belong to the owner of the land. "Lands" include not only the soil, but every thing attached to it, above or below, as trees, stones, mines. If a man sells or devises a lot of land, the buildings thereon will pass without being named in the deed or will.

2. If a tree stand upon the line between adjoining owners, the tree belongs to both owners, and neither has a right to destroy it. The limbs of the tree are presumed to follow the course of the roots, and if a fruit-tree stand upon the line between two adjoining owners, each is entitled to the fruit which hangs above his land. The roots of the tree have extended into the soil of both owners, and conveyed nourishment therefrom through the body of the tree, and deposited the same in fruit above the land. The ancient maxim of law is, " Cujus est solum, ejus est usque

under the power-of-attorney, what must be recorded? How is a general power-of-attorney, when recorded, to be revoked?

1. What are freehold estates? What are all other estates in lands? What does the word lands generally include? If one man erect buildings on the land of another, without authority or permission, what is the effect? What does the term lands include? If a man sell or devise a lot of land, what will pass by such deed or will?

2. If a tree stand upon the line between adjoining owners? If such

ad cælum." This principle applies also to fruit-trees standing near the line of adjoining owners. Each clearly should be entitled to the fruit which falls on his own lands.

3. Crops are real property, while growing. They become personal property, in some States, when ripe; and in others, when severed from the soil. Emblements are crops growing on lands held by a title of uncertain duration. The crops growing on the dower of a widow, or on any other life-estate, are emblements. At the termination of the life-estate, the estate passes to another, but the crops belong to the estate of the deceased. Emblements include all crops raised by annual expense and labor. The fruit of trees does not come under this title. Spontaneous grasses are not emblements. Hops, though growing on ancient roots, are emblements. As soon as the ground is prepared and the seed sown, the title to the crops is perfected; and when a tenant for life dies after the seed is sown, and before harvest, the executors or administrators take the growing crops as a return for the labor and expense of the deceased in tilling the ground. When an estate of uncertain duration is terminated in any other way than by death, or by the act of the owner, he is entitled to emblements. Where the tenant dies before sowing, but after having prepared the ground, there is no claim to emblements. A tenant for years is not entitled to emblements.

4. A fixture is something annexed to the lands or buildings. Fixtures are of two classes-movable and immova

tree be a fruit-tree, what right has each in the fruit? Upon what ground? What is an ancient maxim of law? To what does this principle apply? 3. What are crops while growing? When do they become personal property? What are emblements? When an estate of uncertain termination passes to another, to what estate do the crops belong? What do emblements include? What is the rule as to the fruit of trees? Spontaneous grasses? Hops? When is the title to emblements perfected? When a tenant for life dies after the seed is sown, and before harvest, to whom do the growing crops go? When an estate of uncertain duration is terminated during the life of the person holding such estate, and without his consent? When the tenant dies before sowing, but after preparing the ground? Is a tenant for years entitled to emblements?

ble, or permanent. If they are movable, they are personal property. If they are immovable, they become apart of the real property. The question whether a fixture is movable or immovable arises-1. Between the grantor and grantee, in the sale of real property; 2. Between the heir and executor or administrator, in case of the death of the owner of real property; 3. Between landlord and tenant. As between grantor and grantee, the keys of the house are a part of the real property, or so affixed to it as to pass with the land. The manure made in the ordinary process of carrying on a farm, is a part of the real property, and passes with the land, unless expressly reserved. If the manure be artificial, and not procured from the farm, such as guano, it does not pass with the land, until deposited thereon. To constitute a permanent fixture, and give a chattel the character of real estate, there must be a complete annexation to the soil. An extra door, which may be lifted from its hinges, is not a permanent, but a movable fixture. Gas-fixtures, attached to the gas-pipes in a house, are movable fixtures. Machinery, erected for manufacturing purposes on timbers imbedded in the ground, or fastened to the timbers of the building by bolts, screws, or cleats, if it can be moved without injury to the building, is not a permanent fixture, and does not pass by a sale of the lands and tenements.

5. Some things personal in their nature, but fitted and prepared to be used with real estate, and essential to its beneficial enjoyment, pass with the lands. The conveyance of a saw-mill will pass the mill-chain, dogs, and bars

4. What is a fixture? Of what two kinds are fixtures? What kind of property are movable fixtures? Immovable fixtures? In what three cases does the question whether a fixture is movable or immovable arise? Are the keys of the house real or personal property? Does the manure on the land pass with the land? What is necessary to constitute a permanent fixture, and give a chattel the character of real estate? Is an extra door, which may be lifted from the hinges, a permanent or movable fixture? To what class do gas-fixtures belong? Machinery for manufacturing purposes?

5. What will a conveyance of a saw-mill pass The conveyance of any mill? The conveyance of a farm? The conveyance of a bark-mill?

connected with it. The conveyance of a mill passes the floodgates, and also the machinery, whether affixed or not. The conveyance of a farm will pass the fencing stuff, which has been used for fences, though temporarily detached from the land. A steam-engine, with fixtures used to drive a bark-mill, is part of the realty, and passes by a conveyance of the bark-mill. Articles absolutely necessary to the enjoyment of the land will pass to a purchaser, whether on the land or not; such as doors, windows, locks, keys, etc. They are constructively annexed.

6. A tenant may remove his implements of trade. He may remove the machinery he has erected, if it can be removed without injury to the realty. The tenant may remove any building erected by him for the purpose of carrying on his trade. If the tenant be a tavern-keeper, and erect a building for a shed, barn, stable, or storeroom, he may remove the same, if it can be done without injury to the land. The tenant may remove articles erected for ornament or domestic use, if they can be removed without injury. Gardeners may remove trees and shrubs which they planted for the purpose of sale. A farmer who has planted trees on the land he has hired, cannot remove them.

If the articles are absolutely necessary to the enjoyment of the lands, such as doors, windows, locks, keys, etc.?

6. What implements may the tenant remove? What machinery may he remove? If the tenant has erected a building for the purpose of arrying on his trade? If erected for ornament or domestic use? What ay gardeners remove? Can a farmer do the same?

CHAPTER LX.

GENERAL PROVISIONS RESPECTING REAL PROPERTY.

1. THE primary division of estates is into freehold and less than a freehold. A freehold is an estate of inheritance, or for life, in real property. An owner of a freehold estate is said to be seized of the same. The owner of a less estate is said to be possessed of the same. In England, the king is held to be the only original source of title to real estate. A similar principle has been adopted in this country. The title in lands can only be deduced from the crown, or the United States, or the State governments. The right on the part of government to take private property for public purposes, subject to the obligation of paying a just compensation therefor, is called the right of eminent domain. It is exercised in time of war and in time of peace.

2. An estate for life terminates, of course, upon the death of the tenant. Such death may sometimes be presumed from circumstances. A continued absence of seven years raises a presumption of death, which authorizes the next succeeding owner to enter upon the estate. If the tenant for life prove to be still living, he may recover the lands, with the intermediate rents and profits.

3. A right of way is the privilege which one person has of passing over the lands of another. The right of

1. What is the primary division of estates? What is a freehold? Who are said to be seized, and who only possessed, of real estate? Who is the source of title to real estate in England? What is the source of title in this country? What is the right of the government to take private property for public purposes called? When exercised?

2. How is an estate for life terminated? When may his death be presumed? If the tenant for life prove to be still living, what may be

done?

3. What is a right of way? Of how many kinds? If it is righĩ to