So trees growing, though not in a nursery, may be changed into the category of personal estate, if sold to be cut without any right to have them stand to occupy the land. 4 Mete. Mass. 584; 9 Barnew. & C. 561; 7 N. H. 523. But if the owner of land in fee grant the trees growing thereon to another and his heirs, to be cut athis pleasure, the property in the trees would be real. 4 Mass. 266. The same rule would apply to property in fee in a dwelling-house, though the owner only have a right to have it stand upon the land of another. And one may own a chamber in a house as his separate real estate. 1 Term, 701 ; 1 Mete. Mass. 541 ; 10 Conn. 318.
4. So a large class of articles originally wholly movable, and which may be at the time even disconnected with the land, may be regarded as real property, from having been fitted for and actually applied to use in connection with real estate, such as keys to locks fastened upon doors, mill-stones and irons, though taken out of the mill for repairing, window blinds, though temporarily removed from the house, and fingments of a dwelling-house de stroyed by a tempest. Williams, Exec. 613-615; 11 Coke, 50 ; 10 Paige, Ch. N.Y. 162 ; 30 Penn. St. 185. And a conveyance of " a saw-mill" with the land was held to pass iron bars and chains then in it which had been fitted for and used in operating it. 6 Me. 154.
In case of corporations, the same property may assume the character both of real and personal. Thus, if the corporation hold real estate, such as a, mill or banking-house, it would be in the hands of the body corporate real estate, but as constituting a part of the property owned 8,nd represented in the form of stock by the members constituting the body of the corporation, it is personal. 3 Mees. & W. Exch. 422; Angell & A. Corp. 557. But the shares in corporate property may be real estate when declared to be so by the charter creating it, or when the corporation is merely consti tuted to hold and manage lands, like proprie tors of common lands in the New England states. 2 P. Will. 127 ; 2 Conn. 567; 10 Mass. 150.
5. Maraire made upon a farm in the usual manner, by consumption of its products, —would be a part of the real estate ; while If made from products purchased and brought on to the land by the tenant, as in case of a livery-stable, it would be personal, 21 Pick. Mass. 371 ; 3 N. H. 503 ; 6 Me. 222 ; 2 N. Chipm. Vt. 113 ; 11 Conn. 525 ; though in
England the way-going tenant may claim compensation for manure left upon the farm under such circumstances. 1 Crompt. & M. Exch. 809.
There is a large class of articles known to the law as fixtures, which are real or personal according to circumstances. Whatever is fitted for and actually applied to real estate, if of a permanent nature, is real estate, and passes from the vendor to the vendee as such. 20 Wend. N. Y. 368; 2 Smith, Lead. Cas. Am. ed. 168. And the same rule applies between mortgagor and mortgagee. 19 Barb. N. Y. 317 ; 4 Mete. Mass. 311 ; 3 Edw. Ch. N. Y. 246. The same is the rule as between heir and executor upon the death of the ancestor, and between debtor and creditor upon a levy made by the latter upon the land of the former. 10 Paige, Ch. N. Y. 163 ; 7 Mass. 432. Whereas such fixtures as between a tenant and a landlord are personal estate, and may be removed as such, unless left at tached to the realty by the tenant at the close of his term, in which case they become a part of the realty. 2 Pet. 143; 7 Cow. N. Y. 319 ; 1 Wheat. 91 ; 17 Pick. Mass. 192. See FIXTURES.
Heirlooms. See HEIRLOOMS.
6. Pews in churches are sometimes real and sometimes personal estate, depending, generally, upon local statutes; though in the absence of statute law it would seem they were clearly interests in real estate, and par take of the character of such estate. 1 Pick. Mass. 104 ; 16 Wend. N. Y. 28 ; 5 Meta. Mass. 132. See PEWS.
Even money often has the character of realty attached to it, so far as being heritable, and the like, by equity, where it is the pro ceeds of real estate wrongfully concerted into money, or which ought to be converted into real estate. 3 Wheat. 577 ; 1 Brown, Ch. 6, 497 ; 13 Pick. Mass. 154.
Slaves, in some of the states, are so far rewarded as real estate as to descend to heirs, inbstead of passing to personal representatives. 2 Dan. Ky. 43.
Mortgages. See MORTGAGE.
There is one class of interests in lands, etc. which, from relating to lands which are real, and frorn being governed_as to suc cession by the rules which apply to personal property, or as that is called, chattels, takes the name of' chattels real. Of this class are terms for years in lands. Upon the death of the tenant of such a term it goes to his per sonal representatives, and not to his heirs. 2 Blackstone, Comm. 386.