Personal property

“ PERSONAL PROPERTY AND REAL PROPERTY DISTINGUISHED.—Real property has been defined to be co-extensive with lands, tenements, and hereditaments; to put it more simply, we may say that it consists of land and anything that is permanently affixed to the land. Personal property embraces all objects which are capable of ownership except land. One fundamental difference between the two is that real property is generally considered to be immovable, while such property as is movable is usually termed personal property. ”

“ Separate an individual from society, and give him an island or a continent to possess, and he cannot acquire personal property. He cannot be rich. So inseparably are the means connected with the end, in all cases, that where the former do not exist the latter cannot be obtained. All accumulation, therefore, of personal property, beyond what a man's own hands produce, is derived to him by living in society; and he owes on every principle of justice, of gratitude, and of civilization, a part of that accumulation back again to society from whence the whole came. ”

“ This identification of things personal with movables, though logical in theory, does not, as will be seen, perfectly express the English law, owing to the somewhat anomalous position of chattels real. In England real property is supposed to be superior in dignity to personal property, which was originally of little importance from a legal point of view. ”

“ In real property there can be nothing more than limited ownership, there can be no estate properly so called in personal property, and it may be held in complete ownership. There is nothing corresponding to an estate-tail in personal property; words which in real property would create an estate-tail will give an absolute interest in personalty. A life-interest may, however, be given in personalty, except in articles quae ipsa usu consumuntur. Limitations of personal property, equally with those of real property, fall within the rule against perpetuities. ”

“ This ancient maxim had its origin when personal property consisted in the main of articles appertaining to the person of the owner, such as gold, silver, jewels, and apparel, and, less immediately, animals and products of the farm and shop. ”

“ Examples of property prima facie personal which is treated as real are fixtures, heirlooms, such as deeds and family portraits, and shares in some of the older companies, as the New River Company, which are real estate by statute. In ordinary cases shares in companies are personal property, unless the shareholders have individually some interest in the land as land. ”

“ Personal property is not subject to various incidents of real property, such as rent, dower or escheat. (3) On the death of the owner intestate real property descends to the heir, personal property is divided according to the Statute of Distributions. (4) Real property as a general rule must be transferred by deed; personal property does not need so solemn a mode of transfer. (5) Contracts relating to real property must be in writing by the Statute of Frauds, 29 Car. ”

“ Under the head of "Persons" are treated the subjects of personal rights and relations, including marriage, parentage, guardianship, &c., with the rights and duties growing out of them. Under the head of "Property" the rules, conditions, limitations, and incidents of ownership in both real and personal property are stated, including the modes of transfer by grant, will, inheritance, and otherwise. ”

“ Personal property is that form of property which in general terms is stated as movable, such as animals, furniture, clothing, tools, implements, money, stocks, bonds, mortgages, etc., the transfer of which from one owner to another is not as a rule a matter of public record, although in the case of a bill of sale--sometimes made of some forms of personal property--the county record may give evidence thereof. ”

“ The owner, in his own right, of real or personal property of the value of two hundred and fifty dollars; or the husband of a woman who is the owner, in her own right, of real or personal property of that value. ”

“ For property which can be regarded as a condition of the performance of function, like the tools of the craftsman, or the holding of the peasant, or the personal possessions which contribute to a life of health and efficiency, forms an insignificant proportion, as far as its value is concerned, of the property rights existing at present. ”

“ Now that may seem commonplace enough; but it is interesting to note, as in the law, personal property did not come first; property in land was many centuries earlier. And this suggests the legal basis and present tendency of the law of property. "Property exists only by the law"; and extreme socialists say that all private property is robbery. No law, no property; this is true. Property is an artificial thing. It is a creation of law. In other words, where there is now no law except statute, it is the creation of statute. ”

“ In a little while you will go to another class and find other toys, tools and books, and will leave these you now have to your successor. It is so with everything; nobody has any private property in anything except personal belongings, such as clothes. ”

“ Ultimately, property rights and personal rights are the same thing. ”

“ We have to harmonize the two facts, that wealth is good and necessary, and that wealth is a danger to its possessor and to society. On the one hand property is indispensable to personal freedom, to all higher individuality, and to self-realization; the right to property is a corollary of the right to life; without property men are at the mercy of nature and in bondage to those who have property. ”

“ And it is no less true, that personal security and private property rest entirely upon the wisdom, the stability, and the integrity of the courts of justice. ”

“ I have seen them very close, in birth and in death, in sickness and in health, in betrothal and in marriage, in poverty and in well-being, and all the time their one idea is property; to possess, to own, to provide a good portion for the daughter, to secure a good and well dot-ed wife for the son. Always property, ownership, possession, work, thrift, acquisition, individual gain. ”

“ The man who owns a house has the right to benefit by enjoying its shelter, by selling it, or by renting it. This right, the right to or in the benefits of wealth—or more briefly, the right to or in the wealth itself—is called a "property right" or simply "property." ”

“ In short, as property is the subject of every equitable obligation, so the owner of property is the only person whose act or acts can be the means of creating an obligation in respect to that property. ”

“ But is this the chief reason why we must not steal?—No, Sir, but because we ought to respect the property as well as the persons of others.—Very good. Property is an extension of human personality and must be respected as such. ”

“ He thinks only of the money and the means of getting it, and he experiences incidentally the pleasure that comes from possession. Owning property is that which he revels in imagining, and not the feeling which owning property will cause. ”

“ The sole basis of the idea of property is the idea of personality. As soon as property is born at all, it is born, of necessity, in all its fulness. As soon as an individual knows himself,—his moral personality, his capacities of enjoyment, suffering, and action,—he necessarily sees also that this self is exclusive proprietor of the body in which it dwells, its organs, their powers, faculties, &c.... ”

“ That right of property, therefore, which has been proved to belong naturally to individual persons, must in like wise belong to a man in his capacity of head of a family; nay, such person must possess this right so much the more clearly in proportion as his position multiplies his duties. ”

“ The popular maxim that "possession is nine-tenths of the law," is founded on the salutary and reasonable doctrine of the law, that the party in possession of property is presumed to be the owner until the contrary shall have been proved. ”

“ How many repeated instances have we seen of men, and even bodies of men, who, by certain obligations, have been obliged to give up public or private property, when a general good could not be otherwise obtained? ”

“ The possession of property of any kind gives a curious consciousness of dignity to the human being who is its owner, due very likely to the traditional estimate of the importance of all possessions, and to the mystical but generally erroneous belief that property is in some way an outward and visible proof of the worth or the ability of its possessor—or his forbears. ”

“ Should there be the slightest irregularity in the method of transfer, men, members of society, imprescriptible possessors of the land, might be deprived at one blow of property, possession, and the means of production. ”

“ The same is the case with property in buildings, clothes, wares; with property in the land; with property in money. Every imaginary property calls forth in me a non-corresponding want which cannot always be gratified, and deprives me of the possibility of acquiring for my true and sure property—my own body—that information, that skill, those habits, improvements, which I might have acquired. ”

“ Now, in the first place, here is a citizen who has got as much property as he wants, and who wishes to live for other purposes than to accumulate. This property is not only invested to his entire satisfaction, as regards convenience, security, and returns, but also in a way that is connected with some of the best sentiments of his nature. ”

“ Why should men of fortune and understanding bring themselves, without any motive from reason or interest, into these unhappy circumstances? Why should any man, without any consideration, at least any valuable consideration, divest himself of the greatest part of the property of his own estate? ”

“ I did not suspect, before I became a householder, that the mere possession of property was capable of making a man an object of such unflagging interest to his fellow creatures. I find it very pleasing—the solicitude with which these newly-made acquaintances (the venders, agents, and other polite gentlemen) regard me, and attend upon me, and seek to gain my approval. It is sweet to be beloved. ”

“ One of the foremost precepts of the natural law is man’s right to the possession and the use of his property. And a man’s earnings are his property as much as his land and the house in which he lives. Indeed, in the industrial age, earnings are probably the most prevalent form of property. ”

“ Why should property, contrary to the interests of the proprietor, be exempt from sale, receive instruction, give testimony in court, hold estate, preserve family ties, be loved as the owner loves himself, in fine, enjoy all or any of the "inalienable rights" of man? ”

“ Every individual has the right to private property and can transfer it during his or her lifetime or on death, in accordance with the law.
2. Private property should not be used to the detriment of its social purpose. ”

“ Each year, besides producing wealth in sufficient quantities to provide for himself and his family, he must devote a large portion of his energies to the provision of income for the owners of a vast and ever-growing body of immortalized property rights and interests. ”

“ It says that the ownership of property is the material foundation of human wellbeing, and that this natural right of ownership is sacred, after the manner in which individual life, and more especially national life, is sacred. ”

“ In fact, they are always either deeds of gift, or of sale, or of exchange, or of the grant of precaria. It is impossible not to allow that the thousands of deeds of this kind are so many proofs of private property, since you can neither sell nor give away what is not already your own. ”

“ Toullier: "Property is a right, a legal power; possession is a fact." The tenant, the farmer, the commandite, the usufructuary, are possessors; the owner who lets and lends for use, the heir who is to come into possession on the death of a usufructuary, are proprietors. If I may venture the comparison: a lover is a possessor, a husband is a proprietor. ”

“ If a man is the property of himself, suppose he shall choose to sell himself to another, and deliver himself in full possession to the purchaser, as he had before been in the full possession of himself—whose property will he be then? See a case in point in Deut. ”

“ In that case it may truly be said that 'property is theft.' The rationale of property, in short, requires that everyone who will conform to the positive condition of possessing it, viz. labour, and the negative condition, viz. respect for it as possessed by others, should, so far as social arrangements can make him so, be a possessor of property himself, and of such property as will at least enable him to develope a sense of responsibility, as distinct from mere property in the immediate necessaries of life. ”

“ What sophisms, indeed, what prejudices (however obstinate) can stand before the simplicity of the following propositions:—
I. Individual POSSESSION 35 is the condition of social life; five thousand years of property demonstrate it. PROPERTY is the suicide of society. Possession is a right; property is against right. Suppress property while maintaining possession, and, by this simple modification of the principle, you will revolutionize law, government, economy, and institutions; you will drive evil from the face of the earth. ”

“ A glance across history or a simple acquaintance with human life in any community will show us that private property is at the same time a necessary expression of personality and stimulator of character, and, on the other hand, a chief outlet and fortification of selfishness. ”

“ Nowhere in the world is the position of the landed proprietor so high as in this country, and this in great part for the reason that nowhere else is the possession of landed property so closely associated with definite duty. ”

“ The term 'property' is used in a comprehensive sense and includes all objects or rights which are susceptible of ownership. The term 'interest' refers to the extent of ownership, that is, to the estate or the quality and quantum of ownership by the surviving spouse or other person, of particular property.' S.Rep. ”