personal property

goods, chattels, evidences of debt, and things in action.

Defined by the Supreme Court in Hyatt v. Vincennes Nat Bank, 113 U.S. 408.

Chattels iq. v.)

The right or interest which a man has in things personal. The right or interest less than a freehold which a man has in realty, or any right or interest which he has in things movable. Personal property is to be distinguished from things personal. There may be, for example, a personal estate in realty, as chattels real; but the only property which a man can have in things personal must be a personal property. The essential idea of personal property is that of property in a thing movable or separable from the realty, owner’s life, in a thing real, without any action on the part of the owner. See 2 Bio. Com. 14 and notes, 384 and notes. It includes money, chattels, things in action and evidence of debt; Streever v. Birch, 62 Hun 298, 17 N. Y. Supp. 195; Mc Laughlin v. Alexander, 2 S. D. 226, 49 N. W. 99; and the right which a vendor has to enforce a contract for the sale of real property; People v. Willis, 133 N. Y. 383, 31 N. E. 225. It does not include dogs untaxed; State v. Doe, 79 Ind. 9, 41 Am. Rep. 599. A crop growing in the ground is personal property so far as not to be considered an interest in land, under the statute of frauds; Smith v. Jones, 12 Me. 337; 5 B. & C. 829; 10 Ad. & E. 753. It is a general principle of American law that stock in corporations is to be considered as personal property; 4 Dane, Abr. 670; 1 Hill, R. P. 18; Tregear v. Water Co., 76 Cal. 537, 18 Pac. 658, 9 Am. St. Rep. 245; though it was held that such stock was real estate; Griswold v. Penniman, 2 Conn. 507; but the rule was then changed by the legislature. Title to personal property is acquired — first, by original acquisition by occupancy; as, by capture in war, by finding a lost thing; second, by original acquisition by accession; third, by original acquisition by intellectual labor: as, copyrights and patents for inventions; fourth, by transfer, which is by act of law, by forfeiture, by judgment, by insolvency, by intestacy; fifth, by transfer by act of the party, by gift, by sale. See Graves, Title to Pers. Prop; PA w; Property; Real Property; Possession. Possession of personal property is prima facie title thereto; Crawford v. Kimbrough, 76 Ga. 299. See Lowery v. Ersldne, 113 N. Y. 52, 20 N. E. 588.

Property of a personal or movable nature, as opposed to property of a local or immovable character, (such as land or houses,) the latter being calied "real property." This term is also applied to the right or interest less than a freehold which a man has in realty. Boyd v. Selma, 96 Ala. 144, 11 South. 393, 16 L. ItA. 729; Adams v. Hackett, 7 Cal. 203; Stief v. Hart, 1 N. Y. 24; Bellows v. Allen. 22 Vt 108; In re Bruckman's Estate, 195 Pa. 363, 45 Atl. 1078; Atlanta v. Chattanooga Foundry & Pipe Co.., (C. C.) 101 Fed. 907. That kind of property which usually consists of things temporary and movable, but includes nil subj'ects of property not of a freehold nafure, nor descendible to the heirs at law. 2 Kent, Comm. 340. Personal property ls divisible into
(1) corporeal personal property, which includes movable and tangible , things, such as animals, ships, furniture, merchandise, etc.; and
(2) incorporeal personal property, which consists of such rights as personal annuities, stocks, shares, patents, and copyrights. Sweet.
—Private property, as protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition; property of a specific, fixed and tangible nature, capable of being had in possession and transmitted to another, such as houses, lands, and chattels. Homochitto River Co.m'rs v. Withers, 29 Miss. 21, 64 Am. Dec. 126; Scranton v. Wheeler, 179 U. S. 141, 21 Sup. Ct. 48, 45 L. Ed. 126.

Defined under Property in Black's Law Dictionary.

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-