Personalty
(Ref: John Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of America and the Several States of the American Union, Childs & Peterson, c1856.)
PERSONAL PROPERTY (PERSONALTY). The right or interest which a man has in things personal; it consists of things temporary and movable, and includes all subjects of property not of a freehold nature, nor descendible to the heirs at law. Things of a movable nature, when a right can be had in them, are personal property, but some things movable are not the subject of property; as light and air. Under the term personal property, is also included some property which is in its nature immovable, distinguished by the name of chattels real, as an estate for years; and fixtures (q.v.) are sometimes classed among personal property. A crop growing in the ground is considered personal property. so far as not to be considered an interest in land, under the statute of frauds. 11 East, 362; 1 Shopl. 337; 5 B & C. 829; 10 Ad. & E. 753; 9 B. & C. 561; sed vide 9 B. & C. 561.
It is a general principle of
American law, that stock held in corporations, is to be considered as personal property;
Walk. Introd. 211; 4 Dane's Ab. 670; Sull. on Land Tit. 71; 1 Hill. Ab. 18; though it was
held that such stock was real estate; 2 Conn. R. 567; but, this being found inconvenient,
the law was changed by the legislature.
Property in personal chattels is
either absolute or qualified; absolute, when the owner has a complete title and full
dominion over it; qualified, when he has a temporary or special interest, liable to be
totally divested on the happening of some particular event. 2 Kent, Com. 281.
Considered in relation to its use,
personal property is either in possession, that is, in the actual enjoyment of the owner,
or, in action, that is, not in his possession, but in the possession of another, and
recoverable by action.
Title to personal property is
acquired. 1st. By original acquisition by occupancy; as, by capture in war; by finding a
lost thing. 2d. By original acquisition; by accession. 3d. By original acquisition, by
intellectual labor; as, copyrights and patents for inventions. 4th. IV transfer, which is
by act of law. 1. By forfeiture. 2. By judgment. 3. By insolvency. 4. By intestacy. 5th.
By transfer, by act of the party. 1. Gifts. 2. Sale. Vide, generally, 16 Vin. Ab. 335; 8
Com. Dig. 474; Id. 562; 1 Supp. to Ves. Jr. 49, 121, 160, 198, 255, 368, 9, 399, 412, 478;
2 Ibid. 10, 40, 129, 290, 291, 341; 1 Vern. 3, 170, 412; 2 Salk. 449; 2 Ves. Jr. 59, 336,
176, 261, 271, 683; 7 Ves. 453. See Pew; Property; Real property.
