Profits which are the spontaneous fruits of the earth or its permanent fruits are real estate, but the corn and other growth of the earth which are produced annually by labor and industry, called fructus industriales, are regarded as persona] chattels; Mabry v. Harp, 53 Kan. 398, 36 Pac. 743; O'Donnell v. Brehen, 36 N. J. L. 257.
Turpentine run into boxes in a state to be dipped up is personal property; Branch v. Morrison, 50 N. C. 16, 69 Am. Dec. 770; Richburger v. Rose, 90 Miss. 806, 44 South. 69; so of crude turpentine which has form ed on the body of a tree and is usually known as "scrape"; it belongs to the person who has lawfully produced it by cultivation and is property classed with fructus indus triales; Lewis v. McNatt, 65 N. C. 63.
Rails not set in a fence are no part of the realty; Robertson v. Phillips, 3 G. Greene (Iowa) 220.
A dam is not necessarily real estate. If built by one person on the land of another, with his consent, it would be personal es tate; Southard v. Hill, 44 Me. 92, 69 Am. Dec. 85.
Improvement claims are regarded as chat tels; McTeer's Lessee v. Buttorff, 4 Yeates (Pa.) 300.
A title deed is a personal chattel, but it is so connected with and essential to the owner ship of real estate that it descends with it to the heir; Wilson v. Rybo]t, 17 Ind. 391, 79 Am. Dec. 486.
Manure made upon a farm in the usual manner for consumption of its products would be a part of the real estate; while if made from products purchased and brought onto the land by the tenant, as in case of a livery-stable, it would be personal; Daniels v. Pond, 21 Pick. (Mass.) 367, 32 Am. Dec. 269; Middlebrook v. Corwin, 15 Wend. (N. Y.) 169; Plumer v. Plumer, 30 N. H. 558. See MANURE.
There are a large number of articles known as fixtures, which, though originally wholly movable and personal in their na ture, have acquired, by having been affixed to real estate or applied to use in connection with it, the character of realty. See FIX
The intention of the parties immediately concerned, who have agreed that property annexed to the soil shall retain its charac ter as personalty, will prevail except as against innocent purchasers without notice, unless the property be of such a nature that it necessarily becomes incorporated into and a part of the realty by the act and manner of annexation; Binkley v. Forkner, 117 Ind. 176, 19 N. E. 753, 3 L. R. A. 33.
The debris of a fire is realty; Guernsey v. Phinizy, 113 Ga. 898, 39 S. E. 402, 84 Am. St. Rep. 270.
Equity will, in many instances, for the sake of enforcing and preserving the rights of parties interested, regard realty as con verted into personalty and personalty as con verted into realty, although no such change may actually have taken place. So where realty is devised to executors with direction to sell, it is immediately considered as per sonalty; 1 Bro. C. C. 497; Craig v. Leslie, 3 Wheat. (U. S.) 563, 4 L. Ed. 460; Appeal of McClure, 72 Pa. 417. So where money is directed to be ]aid out in lands, it will be deemed realty for purposes of descent even • before the purchase; 1 Bro. C. C. 503. But such direction must be imperative, otherwise no such result ensues ; 3 Atk. 255; L. R. 7 Eq. 226; Bleight v. Bank, 10 Pa. 131. So realty owned by a partnership will be deem ed personalty for the purposes of the part nership ; 3 Kent 39; Foster v. Barnes, 81 Pa. 377; Clagett v. Kilbourne, 1 Black (U. S.) 340, 17 L. Ed. 213; Sigourney v. Munn, 7 Conn. 11. And in Pennsylvania the moment a corporation has exercised its right to con demn land, conversion takes place.
See PARTNERSHIP; CONVERSION; INCORPO REAL HEREDITAMENTS; LAND TRANSFER; REG ISTRATION.