1 N.H. 350 | Superior Court of New Hampshire | 1818
delivered the opinion of the court.
In this case the sole question is, whether the term mentioned in the plaintiff’s writ would pass under a devise of “personal estate.”
The boundaries between real and personal estate are, in certain instances, scarcely distinguishable ; and indeed some species of property exist, which have been deemed real or personal, according to the character of the claimants, and the purpose for which they claim. Vide autho. cited post Mills vs. Pierce, Rock., Feb., 1819.
But we are not aware of any established principles or precedents which would make leases for years any thing more than “personal estate.” The law in relation to them was settled before the land itself could be conveyed
As the custom altered, and leases for longer terms became common, the remedy of the lessee was by statute extended, and he was enabled to protect himself in the occupation of the land itself
Yet all the incidents of a mere chattel were still attached to the term — whether its continuance was for one or for a hundred years
Under statutes creating a lien upon the real estate of a debtor from the time of judgment rendered, leases for years have been decided not to be embraced
But we are well aware of a common impression, that long terms are “ to all imaginable purposes a fee simple estate
On principle, however, it is impossible to define at what number of years a lease shall become real estate. Its character cannot be changed by the length of the term. Nor does our statute, or the decisions last cited, appear upon examination to conflict with the idea that a lease for any number of years is not, as to the lessee’s heirs, any thing more than “ personal estate.”
Let judgment be entered on the verdict.
) Bac., Leas. Co. Litt. 456.
) Vaugh. 127, Hayes vs. Bickerstaff.
) 21 Hen. 8, ch. 15
) Bac. Leas.
) Litt. sec. 59.
) 3 Bl. C. 199.
) Booth.
) Bac. Leg. B. 3, — 1 Roll. Ab. 609.
) 1 Leon. 312, Gillam, adm. vs. Lovelace. — 5 Ma. R. 419, Pet. of Gay, admr. — 2 John. C. 376.
) 8 Co. 171, Fleetwood’s case.-1 John. C. 223, Widenbergh vs. Morris.-3 Atk. 739, Bunder vs. Kennedy.
) Shep. T. 97.-Cro. El. 386, Bordman vs. Willis.-1 D. & E. 597, Bac. Leg. B.
13 Mass. R. 403.
Cilley vs. Cayford, Hills, April, 1806.
Stat. 191.
Com. 591.