Key

An instrument made for closing and opening a lock. The keys of a house are considered as real estate, and descend to the heir with the Inheritance; 11 Co. 50 &; 30 E. L. & Eq. 698; but although they follow the inheritance, they are not fixtures, so far as that the taking of them is not larceny; Hoskins v. Tarrence, 5 Blackf. (Ind.) 417, 35 Am. Dec. 129; 5 Taunt. 518. When the keys of a warehouse are delivered to a purchaser of goods locked up there, with a view of effecting a delivery of such goods, the delivery is complete. The doctrine of the civil law is the same; Dig. 41.

1. 9. 6; 18. 1. 74; Benj. Sales, 6th Am. ed. § 1043; 3 Term 464.

See Donatio Mortis Causa; Gift. Keys are implements of housebreaking within statute 14 & 15 Viet. c. 19, § 1; for, though commonly used for lawful purposes they are capable of being employed for purposes of housebreaking; and it Is a question, for the Jury whether the person found in possession of them by night had them without lawful excuse, with the intention of using them as implements of housebreaking; 3 C. & K. 250; and the statute was held to include skeleton, or any other kind of key used for purposes of housebreaking; id. Entering by a key left in the door locked on the outside is not housebreaking; 1 Swint. Jus. Cas. 433.

See Burglary.