the same THINGS REAL Blackstone treats of things real in the following order: 1st. Several sorts or kinds. lands tenements, veredil umenis 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 SECTION 6. Land purchased for firm purposes is regarded as 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. 1 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 Tenement signifies everything that may be holden, provided it__ \\ SECTION 11. Corporeal hereditaments affect the senses while an 7 19 Western University vs Robinson 12 S. R. 28 a (Commons:) で out lots in-hols COMMON Ejectment for 40 acres. Q whether the Univ. Took the lawd free of A's right Held, that the Ace of 1819 vested in the trustees of owners of in-lots were |