DEVELOPMENT OF TERMS 3 



which partners hold in land were determined to be per- 

 sonalty. 1 One well denned exception to the general rule 

 of law exists in what is known as equitable conversion. 

 By this doctrine money which has been left by will with a 

 direction that it be invested in land for the benefit of the 

 legatee (devisee) is considered realty while land which, by 

 direction of a will, is to be converted into money before 

 passing into the possession of the beneficiary of the will 

 is considered personalty. 2 Although under modern pro- 

 cedure any tangible thing can be specifically recovered, the 

 distinction between realty and personalty remains of the 

 greatest importance in the law. 



3. The Distinction Between Movables and Im- 

 movables. A classification which was never formally recog- 

 nized in the English common law, but which is nevertheless 

 of the greatest practical importance is that which classes 

 all actually existent things that form the subject matter of 

 property rights into movables and immovables. Both 

 movables and immovables aie comprised within the term 

 corporeal as heretofore defined, and the term "immovables" 

 is in a sense co-extensive with the word "land" as used in 

 law. The word "land" as used in law has a different 

 significance than it has in common usage, and many ob- 

 jects which are classed as immovables in the eye of the 

 law because of the relationship which they sustain to land 

 are in fact susceptible of removal. The spherical pyramid 

 of which any portion of the earth's surface is the base and 

 which has its apex at the center of the terrestrial globe 

 is of course immovable; and the base itself (considered 

 geometrically, and apart from the rock and soil upon its 

 surface) is not susceptible to movement by the power of 

 man from the position which it occupies in relation to the 

 remainder of the earth's surface. However, in law not 

 alone the surface of the earth within the defined superficial 

 area but also all material substances placed by nature within 

 such area are immovables and even things which become 

 attached to or closely associated with the land through the 

 industry of man are classed as a part of the land and there- 



1. Bopp V. Pox, 63 111. 540. 



2. Crate v. Leslie, 3 Wheaton 563. 



