152 BOARD OF AGRICULTURE. 



in the woods where they fell (54 Me. 309), but not if cut, 

 and corded up for sale ; the wood has then become personal 

 property. 



If there be any manure in the barnyard, or in a compost- 

 heap on the field, ready for immediate use, the buyer ordina- 

 rily, in the absence of any contrary agreement, takes that also 

 as belonging to the farm (13 Gray, 93 ; 3 N. H. 503 ; 11 

 Conn. 525), though it might not be so, if the owner had pre- 

 viously sold it to some other party, and had collected it to- 

 gether in a heap by itself (43 Vt. 95) ; and even a lessee of 

 a farm could not take away the manure made on the place 

 while he was in occupation (21 Pick. 367 ; 6 Greenl. 222 ; 15 

 "Wend. 169). Growing crops also pass by the deed of a farm, 

 unless they are expressly reserved (7 Watts, 378) ; and, when 

 it is not intended to convey those, it should be so stated in 

 the deed itself: a mere oral agreement to that effect would 

 not be valid in law (19 Pick. 315 ; 46 Barb. 278 ; 22 N. H. 

 538). Another mode is to stipulate that possession is not to 

 be given until some future day, in which case the crops or 

 manure may be removed before that time. 



As to the buildings on the farm, though generally men- 

 tioned m the deed, it is not absolutely necessary they should 

 be. A deed of land ordinarily carries all the buildings on it 

 belonging to the grantor, whether mentioned or not; and 

 this rule includes the lumber and timber of any old building 

 which has been taken down, or blown down, and been packed 

 away for future use on the farm (41 N. H. 505 ; 30 Penn. 

 St. 185). 



But if there be any temporary buildings on the farm Ijuilt 

 by some third person, with the farmer's consent that they 

 should belong to the builder, the deed would not convey 

 these, since such buildings are personal property, and do not 

 belong to the land-owner to convey. The real owner thereof 

 might move them off, although the purchaser of the farm 

 supposed he was buying and paying for all the buildings on 

 it (38 N. H. 429; 19 Conn. 154). His only remedy in such 

 case would be against the party selling the premises. As 

 part of the buildings conveyed, of course the Avindow-blinds 

 are included, even if they be at the time taken off and car- 

 ried to a painter's shop to be painted : it would be otherwise 

 if they had been newly purchased and brought into the 



