.. NOTE. Very little space is given to the subject of Personal Property. By far the greater portion of any book on this subject is given to subjects which are also taken up in other branches of the law. In following out the principle, adopted in the preparation of this work, of avoiding repetitions, all such subjects have been passed over with a mere reference to the branch of the law where each subject can be more conveniently treated. The word property may be defined briefly as the exclusive right of possessing, enjoying and disposing of lands and chattels.1 SECTION 2. REAL AND PERSONAL PROPERTY. Property is divided into real property and personal property. The distinction between these two kinds of property is in some respects a very artificial one; this being mainly due to the connection of the laws of property with the Feudal System. The distinction will be more fully treated under the subject of Real Property. In general, it may be said, that real property includes immovable objects, "lands, tenements, and hereditaments," and all interests in them which in quantity amount to a life estate or greater. Personal property includes all immovable objects, all interests or rights in immovable objects, intangible rights such as choses in actions, and estates or interests in real property less than a life estate. A great deal of the confusion existing on this subject arises from the use of the term "property" both to describe the tangible object itself and the interest which a person has in such property. SECTION 3. ABSOLUTE AND QUALIFIED PROPERTY. Absolute property, is one which consists of a complete title to, and control over, a certain thing. QualiHousel, 17 Johns, 281, 283. 1 Smith on Personal Property, p. 1; and Law Dict., Property Bouv. L. Dict., Property; Jackson vs. 2 Volume VI, Subject 17. fied property is a special, temporary, or conditional interest in a thing. The right of a bailee represents one of the most common species of qualified property. Certain restrictions exist even upon absolute ownership. All property is subject to the States' power of taxation and eminent domain, and no person has the right to use his property to aid in any violation of the law.* SECTION 4. PORTIONS OF THE SUBJECT OF PERSONAL PROPERTY TREATED ELSEWHERE. A large part of the subject of Personal Property is treated elsewhere in this work, Sales, and Bailments of Personal Property, have already been discussed. Patents' and Copyrights, are two forms of intangible personal property which are also treated as separate subjects. The interests in real property which are classed as personal property will be taken up under the subject of Real Property. • Withers vs. Buckley, 20 How., 84; Charles River Bridge vs. Warren Ave. Bridge, 7 Pick., 344. This prohibition is sometimes stated as follows: "A person is not at liberty to so use his own as to injure the rights of another." Smith's Personal Property. This form of state- 5 Volume V, Subject 11. |