Manure

Manure made upon a farm in the ordinary manner, from the consumption of its products, is a part of the realty; 1 Washb. R. P. 18; Chase v. Wingate, 68 Me. 204, 28 Am. Rep. 36; Middlebrook v. Corwin, 15 Wend. (N. Y.) 169; Fay v. Muzzey, 13 Gray (Mass.) 53, 74 Am. Dec. 619; Parsons V. Camp, 11 Conn. 525; Perry v. Carr, 44 N. H. 120; see Heller v. Magone, 38 Fed. 911. As such a tenant has no right to remove it; Brigham v. Overstreet, 128 Ga. 447, 57 S. E. 484, 10 L. R. A. (N. S.) 652, 11 Ann. Cas. 75; Bonnell v. Allen, 53 Ind. 130. It has been also held under some circumstances to be personalty; Ruekman v. Outwater, 28 N. J. L. 581; Smithwick v. Ellison, 24 N. C. 326, 38 Am. Dec. 697; especially if it be made from hay purchased and brought upon the land by the tenant; Corey v. Bishop, 48 N. H. 147; and where a teamster owning a house and stable sold them with a small lot on which they stood, it was held that manure In the stable was personalty; Proctor v. Gilson, 49 N. H. 62. Manure In heaps has been held to be personalty; Parsons v. Camp, 11 Conn. 625; and where the owner of land gathered manure into heaps and sold it, and then the land, the manure did not pass with the land; French v. Freeman, 43 Vt. 93; Strong V. Doyle, 110 Mass. 94. In 1 Cr. & M. 809, a custom for a tenant to receive compensation for manure left by him on the farm was recognized. Manure dropped in the street belongs originally to the owners of the animals that dropped it, but, if abandoned by them, the first taker has a right to it; Haslem v. Ijockwood, 37 Conn. 5(X), 9 Am. Rep. 350. See Emblements. MANUS (Lat. hand), anciently, signified the person taking an oath as a compurgator. The use of this word probably came from the party laying his hand on the New Testament. Manus signifies, among the civilians, power, and is frequently used as synonymous with potestas. Lee. El. Dr. Rom. § 94. Manus mari Uf marital power. Manus injectio^ an executory Judgment

I. fr.

In old English law. To occupy; to bestow manual labor upon; to use or cultivate.

Inold Englishlaw. To occupy; to use or cultivate; to have in manual occupation; to bestow manual labor upon. Cowell.

See Waste, S. Made upon a farm, from consumption of its products, is part of the realty. Made from hay brought upon the land, has been held to be personalty, especially when gathered into heaps. If abandoned in a highway by the owner of the animals, the first taker has a right to it.' Manure which had accumulated in a public street, the fee of which belonged to the borough, was raked into heaps by the plaintiff during the evening of one day, to be removed the next evening. In this he was prevented by the defendant, who carted the manure away to his own land. In an action of trover by the plaintiff for the value of the manure, it was held; That the manure was personalty; that it belonged originally to the owners of the animals that dropped it, but was to be regarded as abandoned by such owners; that the first occupant had a right to appropriate it; that after the plaintiff had added to its value by the labor of raking it into heaps he was entitled to it; and that he had a reasonable time in which to remove it.*

To occupy, labor upon.