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COOMBS v. JORDAN. 311
As between vendor and vendee, mortgagor and mortgagee, and
as regards the mere question of the title of the defendant, land, in
the legal signification, comprehends all ground, soil, or earth what-
ever; all minerals are, in this sense, component parts of land; and
it comprehends tide-water rivers, lakes, and running streams, as so
much land covered with water; it includes all houses, fences, and
structures upon the ground; and it also embraces all vegetable
productions, as trees, herbage, grass, &c., standing upon and
growing out of the soil, (u) If either the owner of the fee simple,
a particular tenant, or even a wrong doer builds a house, or an-
nexes to a house then standing upon the land any glass windows,
wainscot, benches, doors, vats, furnaces, or the like, they are
thereby immediately blended with the land itself, become parcel of
it, and vest in the owner of the inheritance, (w) All these things
are embraced by the phrase land, in the legal and comprehensive
sense of that term; and being so considered as real estate, can
only be taken in execution and sold under this statute; and there-
fore, as such, are bound by the lien consequent upon a judgment
against the owner of the inheritance, (x)
But this general rule of law has been considerably relaxed in
favour of tenants, and of executors and administrators in England,
where land is not liable to be taken in execution and sold by cre-
ditors, with a view, as against the heir or owner of the inherit-
ance, to have the fund for the payment of debts extended as much
as possible, and also for the public good, (y]
There are some modes by which a tenant may rest a structure
upon the land, which precludes the inferences that it was intended
to be an annexation to the inheritance; as in the case of the barn
erected upon pattens. (2) And it has been held, that a tenant may
take away, during the terra, things which he himself affixed to the
premises for the purposes of his trade and manufactures; such as
furnaces, coppers, salt pans, steam engines, cider mills, a varnish
house and the like; and besides these mere trade fixtures, such
others as he has put up at his own expense, for the ornament and
furniture of his* house; as hangings, pier glasses nailed to the
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(u) Co. Litt. 4.—(w) Co. Litt. 53; Herlakenden's case, 4 Co. 62.—(x; Ryall v.
Rolle, 1 Atk. 175; Ex parte Quincy, 1 Atk. 477; Steward v. Lombe, 5 Com. Law
Rep. 167; Winn v. Ingilhy, T Com. Law Rep. 214; Colegrave v. Dias Santos, 9
Com. Law Hep. 30; Am. and Fer. Fixtures, ch. 5; Bradley v. Osterhoudt, 13
Johns. 404; Kirwan v. Latour, 1 H. & J. 289.—(y) Lawton v. Lawton, 3 Atk. 13.—
(z) Elwes v. Maw, 3 East. 38.
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