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THINGS REAL

Blackstone treats of things real in the following order:

1st. Several sorts or kinds. lands tenements, veredil umenis
2nd. Tenures by which they may be holden (post, Sec. 24).

3rd. Estates which may be had in them (Sec. 55).

4th. The title to them (Sec. 280).

5th. The manner of acquiring and losing title.

SECTION 1. Things real are land, structures thereon, fixtures thereto and rights issuing out of, annexed to, or exercisable within, land. Things real are permanent, fixed and immovable.

Free hold.

SECTION 2. Real estate is such an interest, not held as merely collateral to a debt or personal duty, in a thing real, as is of uncertain duration and which by possibility may last for life at least.

SECTION 3. A thing may, in equity, be treated as personalty though in fact real estate. Where an "equitable conversion" is ordered or directed by will, real estate will be regarded as personal property so that if a testator orders and directs his executors to sell certain real estate and to distribute the proceeds to certain persons the law will regard that real estate as personal estate from the date of the death: Holmes Est., 15 Dist. R., 774; Battenfeld vs. Kline, 228 Pa., 91; McClarren's Est., 238 Pa., 220.

SECTION 4. A thing may be real estate and by some act become personalty. Timber upon the land is real estate and its sale must be made with the formality required for a sale of land, but if the timber has been cut or if an immediate severance is contemplated it will be regarded as personal property: McClintock's Ap., 71 Pa., 365; Sec. 245, post. On the other hand, a machine or some such article of personal property may become real estate if attached to real estate with the intention that it shall remain attached as a fixture, and not a miscalled "trade fixture": Hill vs. Sewald, 53 Pa., 271. Compare Section 119, post.

SECTION 5. An entity, such as a corporation, may have an interest in and own real estate, while those who compose the entity, the

193 Pa. 37

Robbins &

Farwell

сит

A parol sale of timber to be immediately cut and removed is the sale of a chatted, and not within The statute of frauds.

incorporal hereditament

Land Unement

stockholders, have merely personal property, evidenced by their
shares or certificates of stock: Goetz's Estate, 236 Pa., 634.

SECTION 6. Land purchased for firm purposes is regarded as
personalty during the continuation of the partnership but will be
treated as land after the partnership has terminated and its creditors
have been paid: Arbuckle's Est., 252 Pa., 161 (1916). Compare Sec.
233, post.

SECTION 7. Slaves were regarded as personal property in some jurisdictions and as real property in others: Pleasant's Appeal, 77 Pa., 356; 36 Cyc., 472.

SECTION 8. It is frequently difficult to determine whether something is, in law, real or personal property. It will not do to take the common acceptation or understanding. For example: purchase money due on a contract for the sale of land, standing timber when bought with the intent of immediate removal, fallen timber, etc., are personalty, while growing grass, a landlord's share of growing crops, etc., are realty. Compare McCutcheon's Est., 61 P. L. J., 315.

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SECTION 9. "Goods and chattels" are regarded as synonymous by laymen but, in law, we have chattels real, as terms for years and estates of less than freehold. The owner of such a chattel has personal property in his leasehold so that a chattel real is personal property which "concerns or savors of realty" and is to be distinguished from a chattel personal, as a horse or tool. (Compare Blackstone 2, p. 386.) SECTION 10. Land comprehends all things of a permanent, substantial nature.

of

hereditamen be

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Tenement signifies everything that may be holden, provided it__ \\
a permanent nature. The term is broader than "land.”
Hereditament includes lands and tenements and whatsoever may
be inherited, be it corporeal or incorporeal, real, personal or mixed.
An heir-loom is not land or a tenement but is inheritable. A ground
rent is inheritable: Sec. 22, post.

SECTION 11. Corporeal hereditaments affect the senses while an
incorporeal hereditament is a right issuing out of a thing corporate,
real or personal, or concerning, or annexed to, or exercisable within,
the thing corporate. The former passed with the formality of a con-

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19

Western University vs Robinson

12 S. R. 28

a (Commons:)

out lots

in-hols

COMMON

Ejectment for 40 acres.

Q

whether the Univ. Took the lawd free of A's right
of common

Held, that the Ace of 1819 vested in the trustees of
The Univ. The title to 40 acres of the vacave land
belonging to the commonwealth, subpers to the
соттоникает
ri. of common pasture, given by the Art of 1787,
to the wihabitants of the town.

owners of in-lots were
allowed to encroad,
upon the common
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