his widow have dower in the whole farm, or will the mortgage which she did not sign come in ahead of it?

15. If, in the above case, the mortgage given by Harden had not been a purchase money mortgage, but had been given some years after Harden had purchased the farm and his wife had not joined in it, would the widow's dower right be subject to the mortgage?

16. Property is conveyed to A to hold in trust for B, a minor child, until he shall become of age, the use and benefit of the property to go to B. What estate in the land has A? What estate has B?

17. A gave a deed to B. In the granting clause it recited that an absolute conveyance was given to B. In the habendum it recited that B had a title in fee subject to a life estate in C. What estate did B get under the deed?

18. Is a deed valid as between the parties when it is not recorded? Is it valid as to third parties who had no notice of it and who acquired rights to the land after it was given?

19. How does the transfer of property on which there is a mortgage affect the mortgage?

20. Does the covenant to repair require the rebuilding of the premises if they are burned down?

21. Emery hires a building for one year and then leases all but one room to Boland for the whole length of his term. Which does this constitute, an assignment or a subletting?

22. If in the above case Emery had rented the entire building for the full term of his lease to Boland without any restrictions, what would it have constituted, an assignment or a subletting?

23. If the tenant's lease of the property is for a definite time, how may the landlord evict him at the end of his term, provided he does not voluntarily surrender the property?

24. In the purchase of mortgaged property what is the difference between the purchaser assuming the mortgage and buying the property subject to the mortgage?

CASE PROBLEMS

Give the decision and the principle of law involved in each case.

1. Fisher draws a deed of a house and lot, naming his grandson as grantee. He places the deed in his safe, and after two years dies. The deed is found and the grandson claims the property under it. Can he hold the property?

2. If, upon drawing the deed in the preceding case, Fisher had given it to his banker to hold until his death and to deliver to the grandson at that time, could the grandson hold the land? What kind of delivery to the banker would this have been?

3. Hall sold a farm to Dexter. In the deed there was a covenant of quiet enjoyment. After Dexter obtained possession, Griffin, a third party, claimed title to the farm and brought an action against Dexter to recover it. In this case Griffin was defeated, as the court decided he had no claim whatever. Was Hall's covenant of quiet enjoyment broken? If Griffin had recovered in his action, would the covenant of quiet enjoyment have been broken?

4. If in the above case Hall's deed had contained a covenant against incumbrances and there had existed a judgment on record against Hall which was a lien upon the property, would the covenant have been broken? If there had been unpaid taxes against the property, would the covenant have been broken?

5. If Hall's deed to Dexter, in problem 3, had contained a warranty of title, and after Dexter had possession Griffin had gone upon the land and removed a building which he had erected temporarily and which he had the right under an agreement to remove, would the covenant have been broken?

6. Miner rents a house and lot of Slater for one year at the annual rental of $200. At the end of the year nothing is said and he remains for another year, paying his rent. After remaining in the house for two months of the third year Miner vacates it. Slater claims the rent for the whole year. Can he recover?

7. Hamilton rents a house and lot of Turner. He does not pay his rent and Turner sues him. Hamilton claims that Turner is not the owner of the property, and it develops upon the trial that a third party has a para mount title. Can Hamilton defeat Turner's suit for rent in this way?

8. Fox leases his farm to White for one year. Brown, a mortgagee, forecloses a mortgage on the farm against Fox and sells it to Wilson, who takes possession and ousts White before he has an opportunity of harvesting his crops. To whom do the crops belong, Wilson or White?

9. Snow rented part of his house to Gates for one year on an oral contract, rent payable monthly in advance. Gates paid the first month's rent and at the end of two weeks notified Snow that he had decided to move. Is he held by the lease? Explain.

10. A father transferred to his son for a consideration of $1 a piece of real estate worth $5000. The deed was duly executed and delivered. Can

the son defend successfully a suit to set aside the transfer on the ground of inadequate consideration? Explain fully.

II. In a purchase of a house and lot from a married man, you insist that his wife join in making the deed. What is your reason for doing so? Would you likewise require that a husband join in a deed made by a married woman? Explain.

12. L. K. Ward, a married man, died. His will disposed of his property as follows: daughter, $6000 cash; son, 200 acre farm; wife, $6000 cash. What are the widow's rights?

13. Milton contracted orally to sell to the Hartman Lumber Co. all the standing timber on a certain wood lot owned by Milton. Before the lumber company started to cut and haul the logs Milton served notice on them not to touch the timber as they would do some damage crossing a field belonging to him which he had agreed to let them cross. What are the rights of the parties?

14. The owner of a farm agreed to give a certain person a deed of it as security for a debt. In conformity with this agreement, the owner of the farm immediately, upon returning to his home, executed and acknowledged the deed and sent it to the County Clerk's office to be recorded. The person in whose favor the deed was executed did not know that it was made and left at the County Clerk's office, as neither he nor any person representing him was present to receive it. Was this a good delivery within the law? Explain.

FIXTURES

Personal or Real Property. We understand in a general way that real property is land and rights concerning it. As distinguished from this, personal property is property of a personal or removable nature, and includes all property rights not included in the classification of real property. Personal property is also called chattels. We often find much difficulty in distinguishing between the two classes of property. It is plain that a house and lot or farm is real property, and it is equally apparent that a horse and wagon or a suit of clothes is personal property. As we have seen, also (page 283), a leasehold interest in real estate is personal property.

Personal property also includes "choses in action"; that is, rights of action against another person for money or property. Promissory notes, drafts, shares of stock, corporation bonds and debts are all choses in action. Any right of action for damage to property is a chose in action.

Patents, trade-marks, and copyrights are personal property and are also choses in action. They are forms of property which may, under certain conditions, give rise to right of action to protect the interests of the party concerned.

In all the above cases the laws are clear. But the classification of certain articles known as fixtures, which may be either personal or real property, is less clearly defined. The general rule is that a fixture is real property when it is actually and permanently annexed to the land or is to be used in connection therewith. A fixture is personal property when it is detached or movable. This general rule is modified by many special rules in specific cases.

Tests concerning Fixtures. - Fixtures are chattels, either actually or constructively affixed to the land. In some cases they can not be removed and are considered part of and pass with the land, while under other conditions they may be separated from the realty and do not pass with it. For example, fence posts which have been cut and used for building or repairing a fence are a

part of the real property, but fence posts which have been cut to sell would be considered personal property. The early common law was most favorable to the landowner, regarding anything attached to the realty as his property, but the rule was relaxed, at first in favor of the tenant who erected fixtures for use in his trade or business, which were held to be removable. Now, however, the question arises not only between landlord and tenant, but also between mortgagor and mortgagee, and vendor and vendee. A person selling his farm must know what he can remove and what he has sold with the land. The tenant must determine what he can take with him and what passes to the landlord because of its attachment to the realty. Different rules have been laid down by different courts.

One of the tests often applied is the intention of the party annexing the chattel to the land. This intention is inferred from the nature of the article affixed, the relation of the party making the annexation with the owner of the land, the structure and mode of the annexation, and the purpose for which it is to be used.

Hinkley entered into possession of a tract of land under a contract for its purchase, and erected large and substantial buildings with engines and machinery for manufacturing an extract of bark for tanning purposes. Hinkley failed to pay for the land, so never acquired title. In an action to recover the machinery and engines it was held that they were a part of the realty, and could not be sold as personal property as against the owners of the land. — Hinkley v. Black, 70 Maine 473.

It seems that there are other tests that have to be applied in connection with the intent, to determine whether or not the chattel is a part of the realty. One is the mode and degree of the annexation. That is, if the chattel is so firmly and securely affixed to, and incorporated into, the building that it can not be removed without injury to itself and the building it is generally not removable. Under the common law the mode and degree of annexation was practically the controlling question.

Looms in a woolen factory, connected with the motive power by leather bands and so attached to the building by screws holding them to the floor that they could be removed without injury to themselves or the building, are chattels. The question arose between the mortgagor and mortgagee.

- Murdock v. Gifford, 18 N. Y. 28.

An engine used in a building and so placed that it can not be removed without taking down part of the building is a fixture. The engine in this