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EMBLEMENTS Definition & Legal Meaning

Definition & Citations:

The vegetable chattels called “emblements” are the corn and othergrowth of the earth which are produced annually, not spontaneously, but by labor andindustry, and thence are called “fructus in- dustriales.” Reiff v. Reiff, 64 Pa. 137.The growing crops of those vegetable productions of the soil which are annuallyproduced by the labor of the cultivator. They are deemed personal property, and passas such to the executor or administrator of the occupier, whether he were the owner infee, or for life, or for years, if he die before he has actually cut, reaped, or gathered thesame; and this, although, being affixed to the soil, they might for some purposes beconsidered, while growing, as part of the realty. Wharton.The term also denotes the right of a tenant to take and carry away, after histenancy has ended, such annual products of the land as have resulted from his owncare and labor.Emblements are the away-going crop; in other words, the crop which is upon theground and unreaped when the tenant goes away, his lease having determined ; andthe right to emblements is the right in the tenant to take away the away-going crop,and for that purpose to come upon the land, and do all other necessary things thereon.Brown; Wood v. No- ack, 84 Wis. 308, 54 N. W. 785; Davis v. Brocklebank, 9 N. H. 73;Cottle v. Spitzer, 65 Cal. 456. 4 Pac. 435, 52 Am. Rep. 305; Sparrow v. Pond, 49 Minn.412, 52 X. W. 36, 16 L. R. A. 103. 32 Am. St. Rep. 571.


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