168 The Farmer^s Business Handbook 



itself, and subject to the rules relating to real 

 property. Of course, as is indicated elsewhere in 

 this work, property belonging to the second class, 

 upon severance from the soil, may become person- 

 alty; and crops of the first class, while ungathered, 

 may pass with the land, under a deed thereof ; 

 but, generally speaking, the distinction is as stated 

 above. Therefore, it is the rule that a tenant, 

 upon the expiration of the term for which he 

 holds the land, is not entitled to take with him 

 that which is part of the land itself, that is, any 

 of those products which are included in the sec- 

 ond class named above, such as fruit, hay, etc., 

 unless the same has been, before the expiration 

 of the tenancy, gathered or severed from the 

 soil so as to lose its character as real property. 

 But those products which are part of and 

 included within the first class, that is, most 

 vegetables, rye, wheat, oats, corn, cotton, etc., 

 are not regarded, as a general thing, as part of 

 the soil; and so in some cases a tenant, upon the 

 expiration or termination of his term before the 

 harvest of crops which he has previously planted, 

 is even allowed to harvest and remove the same. 

 The rule may be stated thus : When a tenant hold- 

 ing for an uncertain term or period — as a tenant 

 for the life of himself or of another person, or 

 at the will of the owner — plants a crop before 

 the end of his term, and that term ends without 



