N. Y., p. 234; see Taylor Landl. and Ten., Secs. 544- attached 661. Sluice boxes, flumes, hose, pipes, railway Fixtures tracks, cars, blacksmith shops, mills, and all other to mines. machinery or tools used in working or developing a mine, are to be deemed affixed to the mine. NOTE.-It was held that a steam engine and boiler, fastened on a frame of timber bedded in the ground for the purpose of working a quartz ledge, is a fixture removable by a tenant if otherwise entitled to remove it.-Merritt vs. Judd, 14 Cal., p. 59. nances. 662. A thing is deemed to be incidental or appur- Appurte tenant 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. NOTE.-Smyles vs. Hastings, 22 N. Y., pp. 217-222; 21 N. Y., pp. 505-511; 10 C. B., pp. 164-187; 10 Pet., p. 25; Angell Wat. C., p. 43; 1 Serg. & R. Penn., p. 69; 5 id., p. 110. A matter appendant arises only by prescription, while a matter appurtenant can be created at any time.-3 Kent Com., p. 404; 2 Viner Abr., p. 594. In a deed, the term "appurtenances" will not pass any corporeal real property; it can only pass incorporeal easements, or rights and privileges.-Coke. Litt., p. 121; 8 Barnew. & C., p. 150; 6 Bingh. p. 150; 1 Chitty Pract., pp. 153, 154. 663. Every kind of property that is not real is Personal personal. NOTE.-2 Shars. Blackst. Comm., p. 14 and notes, p. 384 and notes. Growing crops are in certain cases property. personal chattels, and in some cases they are part of the realty.-4 Metc. Mass., p. 580; 9 Barnew. & C., p. 561; Hob., p. 173; 1 Atk. Ch., p. 175; 7 N. H., p. 522; 11 Coke, p. 50; 2 Johns. N. Y., pp. 418-421 and notes; 5 Halst. N. J., p. 128. Growing crops are not an interest in real estate within the provision of the statute of frauds requiring such sales to be in writing.-Marshall vs. Ferguson, 23 Cal., p. 65; and growing crops are not goods or chattels within the provision of the statute of frauds requiring manual delivery, continued possession, etc.-6 Cal., p. 661; 17 Cal., p. 541; 23 Cal., p. 65. Stock in corporations is personal property.— Walker Am. Law, p. 211; 1 Hilliard Real Prop., p. 18. See contra, 2 Conn., p. 567. TITLE II. OWNERSHIP. CHAPTER I. Owners. II. Modifications of Ownership. III. Rights of Owners. IV. Termination of Ownership. CHAPTER I. OWNERS. Owner. SECTION 669. Owner. 670. Property of the State. 671. Who may own property. 672. Aliens inheriting must claim within five years. 669. 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. NOTE.-Possession of personal property is prima facie (primary) evidence of ownership.-8 Cal., p. 615; 12 Cal., p. 73; 19 Cal., p. 64. the State. 670. The State is the owner of all land below Property of high water mark bordering upon tide water; of all land below the water of a lake or stream which constitutes an exterior boundary of the State; of all property lawfully appropriated by it to its own use; of all property dedicated to the State, and of all property of which there is no other owner. NOTE.-5 Cal. p. 73; 32 Cal., p. 365. Meaning of "ordinary high water mark."-18 Cal., p. 11. Land belonging to the State.-26 Cal., p. 337; 9 Cal., p. 554; 27 Cal., p. 87. These decisions modified.-29 Cal., p. 317. See, also, Political Code, Part I, Title I, Chapter IV. 671. Any person, whether citizen or alien, may Who may take and hold property, real or personal. NOTE.-Const., Art. I, Sec. 17; Ramaratz vs. Kent, 2 Cal., p. 558; Attorney General vs. Folsom, 5 Cal., p. 373; Suissen vs. Bofer, 6 Cal., p. 250; Norris vs. Hoyt, 18 Cal. p. 217; Farrell vs. Enright, 12 Cal., p. 450; State of California vs. Rogers, 13 Cal., p. 159; 26 Cal., p. 55; 32 Cal., p. 376. But an alien cannot hold office.-30 Cal., p. 185. 672. If a non-resident 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. NOTE.-Stats. 1856, p. 137; People vs. Rogers, 13 Own property. Aliens must claim years. inheriting within five CHAPTER II. MODIFICATIONS OF OWNERSHIP. ARTICLE I. INTERESTS IN PROPERTY. II. CONDITIONS OF OWNERSHIP. Ownership, absolute or qualified. When absolute. When qualified. ARTICLE I. INTERESTS IN PROPERTY. SECTION 678. Ownership, absolute or qualified. 679. When absolute. 680. When qualified. 681. Several ownership, what. 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. 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. The ownership of property is either: 1. Absolute; or, 2. Qualified. 679. 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. NOTE. Thus the use of gunpowder is restricted by general laws, but its ownership may nevertheless be justly called absolute. In this State, a claimant to public mineral land has absolute ownership for all practical purposes.-Merritt vs. Judd, 14 Cal., p. 59. 680. 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. 681. The ownership of property by a single per- Several son is designated as a sole or several ownership. ownership, what. 682. The ownership of property by several per- Ownership sons is either: 1. Of joint interests; 2. Of partnership interests; 3. Of interests in common; 4. Of community interest of husband and wife. of several persons. interest, 683. A joint interest is one owned by several per- Joint sons in equal shares, by a title created by a single what. 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. NOTE. This provision is intended to confine the right of survivorship to cases in which its creation was clearly intended.-Stats. 1855, p. 171, Sec. 1; Dewey vs. Lambier, 7 Cal., p. 347; Bowen vs. May, 12 Cal., p. 351. The act of one joint tenant is the act of all.-24 Cal., p. 634. 684. A partnership interest is one owned by sev- Partnereral persons, in partnership, for partnership purposes. NOTE.-Collumb vs. Read, 24 N. Y., p. 505; Buchan vs. Sumner, 2 Barb. Ch., p. 165; extending the doctrine of Phillips vs. Phillips, 1 Myl. & K., p. 649; Broom vs. Broom, 3 id., p. 443. See "Partnership," Secs. 2395 to 2520 inclusive. 685. An interest in common is one owned by several persons, not in joint ownership or partnership. NOTE.-Corporations may hold as tenants in common.-Dewitt vs. San Francisco, 2 Cal., p. 289. A tenant in common may sell out or incumber his interest without regard to knowledge or consent of his co-proprietors, without affecting the legal relations existing between them beyond the going out of ship interest, what. Interest in what. common, |