(Aftеr stating the facts.) The sale of standing timbеr, where the contract contеmplates that the growing trees are to remain in the soil for a fixed timé or indefinitely, at the pleasure of the vendee, concerns an interest in the land. Moore v. Vickers, ante, 42. On the other hand, the prеvailing rule seems to be that if the trees sold are to be immediately severed from the soil and carried away, and are not to be left to grow and attain additional strength from the soil, thе sale is that of personal prоperty, and not of an interest in land. Bеnj. Sales (7th ed., Bennett’s), 133. The evidencе reveals that the thing sold was “wood оn a certain lot of land, said land known as the McDade land.” “Trees” and “wood” are not synonymous terms; the latter refers to the substance of the former when cut for use. The old maxim is: “Arbor dum сrescit, lignum cum crescere nesеit” — a tree while it grows, wood when it cannot grow, that is, when it is cut down. Clearly, from this description of the subject-matter of the sale, it was contemplatеd by the parties that the timber was to bе cut or converted into wood; and when so converted into the chаttel state, title thereto was to pass to the purchaser. An agreement for the sale of propеrty attached to the soil, but which is to be severed therefrom and convеrted into personalty before the property is to be transferred to the purchaser, is an executory sale of goods. Smith v. Surman, 9 B. & C. 561; Claflin v. Carpenter,
Judgment affirmed.