GROWING CROPS, Legal Status of. The farmer is frequently called upon to decide which products of his farm are real estate and part of the land and which may become personal property to be dealt with without regard to the ownership of the land. This division of the products of a farm involves the rights of purchasers, tenants and mortgagees, also credi tors, heirs, executors, etc. A general rule may be given to the effect that growing crops follow the title to the soil in which they are rooted (Wootton v. White, 90 Md. 64; Jones v. Adams, 37 Ore. 473). When both belong to the same owner growing crops are a part of the land (Bagley v. Columbus So. R.R., 98 Ga. 626). If the land is sold growing crops pass by deed to.,the purchaser unless expressly reserved at the time of sale (Crews v. Pendleton, 1 Leigh 297• Gibbons v. Dillingham, 10 Ark. 9; Coman v. Thompson, 47 Mich. 22; Turner v. Cool, 23 Ind. 56). In case of a mortgage foreclosure sale, ungarnered crops pass to the purchaser of the land but those harvested before the sale is confirmed do not (Reilly v. Carter, 75 Miss.
798). Again in the case of a mortgage fore 'closure sale, ungarnered crops pass to the pur chaser even if there has been a previous sale or mortgage of the crop by the farmer to an other party (Wootton v. White, 90 Md. 64; Jones v. Adams, 37 Ore. 473). The grant of a right to gather growing fruit may not be en forced against a new owner of the land unless it be in writing and recorded after the manner of a deed (Taylor v. Millard, 118 N. Y. 244). In an action for ejectment the successful plain tiff secures title to the growing crops on the land recovered by the decree (McGinnis v. Fernandes, 135 Ill. 69).
There are two classes of crops; those which grow without special care or cultivation, fruc tus naturales, and those which result from special cultivation, sowing, planting, etc., fruc tus industriales. The first, or natural products, such as timber, grass, etc., always remain part and parcel of the soil, and therefore, real estate, and do not become personal property until they are detached (Le Barron v. Babcock, 122 N. Y. 153). The industrial products, crops in the usual sense, oats, rye, potatoes, etc., are termed .emblepients, being the annual produce from seed sown — produced by labor and not spon taneously (Cottle v. Spitzer, 65 Cal. 456). Em blements are not real estate, but personal prop erty (Westbrook v. Eager, 16 N. J. L. 81).
They may be sold orally, as real estate may not be (Garth v. Caldwell, 72 Mo. 622). Before harvesting they are transferable like chattels (Harris v. Frink, 49 N. Y. 24; Delaney v, Root, 99 Mass. 548). As personal property, they belong to the tenant, not the landlord, and on the death of the owner of the land, pass to the 'administrator instead of the heir (State v. Crook, 132 N. C. 1053). In some States grow ing grain unreaped is classified as personal prop erty. All crops become personal property when severed from the soil (Jones v. Adams, 37 Ore. 473). When a farm i. leased at a fixed rent, the crops grown and harvested during the term of the tenancy belong to the tenant. Difficulty arises, however, when the lease has expired, or the tenancy is terminated. State laws differ greatly here; in Michigan, if a farm is surren dered to the landlord while a crop is growing the tenant loses all right to the crop (Smith v. Sprague, 119 Mich. 148); in Delaware and Pennsylvania, the tenant in similar circum stances is entitled to the crop sown during the tenancy but not maturing until after the term has expired. Some States grant the landlord a lien for rent upon the crops grown upon leased land (Butt v. Ellett, 19 Wall. 544). A lien for rent attaches to the crops when the rent is payable in produce as well as when it is payable entirely in money. The purchaser of a crop from a tenant takes it subject to the landlord's lien, when such a lien is granted (Beck v. Minnesota & W. Grain Co., 131 Iowa 62). Other complications arise when crops are grown on shares. A partnership is not constituted by such an agreement between the owner of the land and a tenant. Owner and tenant of a farm leased for a term of years upon an agreement to divide the produce equally are tenants in common of the crops (Aiken v. Smith, 21 Vt. 172). If no special time for division of the crop is fixed, such a division is due when the crop is harvested and overdue after a reasonable time has elapsed since it was harvested. The principles enunciated above are very general and there exist great differences in the legislation of the several States on the subject. Other branches of legal rules touch the subject at several points, i.e., legislation in regard to real and personal property, mortgages, liens, etc. (qq.v.). Consult Green, B.,