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Personal Property

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

is 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 de- - scendable 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. 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 sonal 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, Ist, 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 intel- ‘lectual labour, as copy-rights and patents for inventions; 4th, by transfer which is by act of law; 1, by forfeiture; 2, by judgment; 3, by insolvency; 4, by intestacy; 5, by transfer by act of the party, 1 Gifts, 2, Sale. Vide, generally, 16 Vin. Ab. 335; 8 Com. Dig. 474; Ib. 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. PERSONAL REPRESENTA-