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Counterfeiting a trademark, a misdemeanor: Pen. Code, sec. 350.

Products of the mind: See post, secs. 980 et seq.
Trademarks: See post, sec. 991.
Goodwill: See post, sec. 993.
Title deeds: See post, sec. 994.
Domestic animals, larceny of: See Pen. Code, sec. 491.

$ 656. Wild animals. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in the possession, or disabled and immediately pursued. En. March 21, 1872.

Cal.Rep.Cit. 108, 244; 114, 388; 119, 321; 136, 531.

$ 657. Real and personal. Property is either:
1. Real or immovable; or,
2. Personal or movable. En. March 21, 1872.
Cal.Rep.Cit. 101, 120; 113, 353.

$ 658. Real property. Real or immovable property con. sists of:

1. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land; 4. That which is immovable by law. En. March 21, 1872. Cal.Rep.Cit. 60, 410; 62, 184; 77, 402; 80, 250; 86, 338;

109, 36; 118, 636; 126, 605; 138, 586. Land defined: See sec. 659, infra. Fixtures: See secs. 660 et seq., infra. Appurtenances: See sec. 662.

$ 659. Land. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance. En. March 21, 1872.

Cal.Rep.Cit. 118, 636.

§ 660. Fixtures. A thing is deemed to be affixed to land when it is attached to it by roots as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as the case of buildings; or permanently attached to what is thus permanent, as by

means of cement, plaster, nails, bolts, or screws. En. March 21, 1872. Cal.Rep.Cit. 51, 596; 52, 394 ; 52, 396; 70, 6; 77, 191;

80, 250; 86, 338; 91, 379; 118, 636 ; 126, 605; 138, 586. $ 661. Fixtures attached to mines. Sluice-boxes, fumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine. En. March 21, 1872. Cal.Rep.Cit. 76, 583; 76, 585; 80, 512; 102, 142; 118, 153;

118, 636. $ 662. Appurtenances. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another. En. March 21, 1872. Cal.Rep.Cit. 52, 395; 52, 396; 56, 13; 62, 184; 67, 497 ;

77, 402; 79, 590; 80, 315; 86, 338; 91, 155 ; 91, 190;

93, 368; 109, 36; 110, 585 ; 120, 490; 120, 493. Easements and servitudes: See post, secs. 801 et seq.

$ 663. Personal property. Every kind of property that is not real is personal. En. March 21, 1872.

Cal.Rep.Cit. 113, 353.

Personal property: See ante, sec. 14, subd. 3; and Pol. Code, sec. 3617.

TITLE II.

OWNERSHIP.
Chapter I. Owners, 88. 669-672.

II. Modifications of Ownership, $8 678-726.
III. Rights of Owners, $$ 732, 733.
IV. Termination of Ownership, $8 739-742.

CHAPTER I.

OWNERS. 669. Owner.

670. Property of the state. $ 671. Who may own property. 672. Aliens inheriting must" claim within five years.

8 669. Owner. All property has an owner, whether that owner is the state, and the property public, or the owner an individual, and the property private. The state may also hold property, as a private proprietor. En. March 21, 1872.

Cal.Rep.Cit. 73, 102.

8 670. Property of the state. The state is the owner of all land below tidewater, and below ordinary high-water mark, bordering upon tide-water within the state; of all land below the water of a navigable lake or stream; of all property lawfully appropriated by it to its own use; of all property dedicated to the state; and all property of which there is no other owner. En. March 21, 1872. Am'd. 1873-4, 217.

Cal.Rep.Cit. 62, 259; 69, 127; 70, 209; 138, 558.
Property of the state: Pol. Code, secs. 40-44.
Public lands: See Pol. Code, secs. 3395 et seq.
Escheat: See post, secs. 1405, 1406.

$ 671. Who may own property. Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state. En. March 21, 1872. Am'd. 1873-4, 218. Cal.Rep.Cit. 65, 594; 65, 595; 67, 382; 67, 386; 70, 155;

76, 296; 127, 434; 127, 435, 127, 436, 127, 437. Alien's right to inherit property: See post, secs. 1404

et seq.

$ 672. Aliens inheriting must claim within five years. If a nonresident alien takes by succession, he must appear and claim the property within five years from the time of succession, or be barred. The property in such case is disposed of as provided in title VIII, part III, Code of Civil Procedure. En. March 21, 1872.

Cal.Rep.Cit. 65, 594 ; 67, 383; 67, 386; 70, 156; 70, 157. Escheated estates: See Code Civ. Proc., secs. 1269-1272. CHAPTER II.

MODIFICATIONS OF OWNERSHIP,
Article I. Interests in Property, $$ 678-703.

II. Conditions of Ownership, $$ 707-711.
III. Restraints upon Alienation, $$ 715-718.
IV. Accumulations, $$ 722-726.

ARTICLE 1.

INTERESTS IN PROPERTY.
678. Ownership, absolute or qualified.
679. When absolute.
$680. When qualified.
$ 681. Several ownership, what.

682. Ownership of several persons.
683. Joint interest, what.
684. Partnership interest, what.
685, Interest in common, what.

686. What interests are in common. $ 687. Community property.

688. Interests as to time.

689. Present interest, what. § 690. Future interest, what.

691. Perpetual interest, what.

692. Limited interest, what. $ 693. Kinds of future interests.

694. Vested interests. $ 695. Contingent interests. $ 696. Two or more future interests. $ 697. Certain future interests not to be void. $698. Posthumous children.

699. Qualities of expectant estates. $700. Same. $ 701. Interests in real property. $ 702. Same. $703. What future interests are recognized.

$ 678. Ownership, absolute or qualified. The ownership of property is either:

1. Absolute; or,
2. Qualified. En. March 21, 1872.
Cal.Rep.Cit. 107, 420; 116, 345 ; 131, 307.

$ 679. When absolute. The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. En. March 21, 1872.

Cal.Rep.Cit. 105, 470; 106, 680; 109, 555; 112, 399; 116, 345.

$ 680. When qualified. The ownership of property is qualified:

1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or limited; 3. When the use is restricted. En. March 21, 1872. Cal.Rep.Cit. 107, 420; 112, 399; 116, 345; 133, 422.

$ 681. Several ownership, what. The ownership of property by a single person is designated as a sole or sereral ownership. En. March 21, 1872.

$ 682. Ownership of several persons. The ownership of property by several persons is either:

1. Of joint interests;
2. Of partnership interests;
3. Of interests in common;

4. Of community interest of husband and wife. En. March 21, 1872.

Cal.Rep.Cit. 112, 399; 116, 342. Subd. 3-136, 463.

8 683. Joint interest, what. A joint interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. En. March 21, 1872.

Cal.Rep.Cit. 127, 149.
See secs..685, 686, infra.

$ 684. Partnership interest, what. A partnership interest is one owned by several persons in partnership, for partnership purposes. En. March 21, 1872.

Cal.Rep.Cit. 65, 48; 102, 386.
Partnership: See post, secs. 2395 et seq.

$ 685. Interest in common, what. An interest in com. mon is one owned by several persons, not in joint ownership or partnership. En. March 21, 1872.

Tenancy in common: See ante, sec. 683; post, sec. 686. Partition: See Code Civ. Proc., secs. 752 et seq.

Husband and wife as tenants in common: See ante, sec. 161.

Devise or legacy to two or more makes them owners in common: See post, sec. 1350.

8 686. What interests are in common. Every interest created in favor of several persons in their own right is

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