Talbot v. Hill

Citations

• 68 Ill. 106

Syllabus

<p>1. Emblements—lost when tenancy is terminated by the act of the tenant. Where a tenancy for an uncertain period is terminated by the act of the law, the tenant is entitled to emblements; hut where it is terminated by act of the tenant, he has no emblements.</p> <p>2. Same—right of dowi'ess to, after sale of land by her consent. Where a dowress, in possession of land on which she had sown a crop of wheat, in a suit for partition, consented that her dower in the premises might be sold, which was accordingly done, and she received one-seventh of the proceeds of the sale in lieu of her dower, it was held, that the growing crop passed by the sale to the purchaser, and that she could not claim the same as emblements, as her estate was terminated by her own act in consenting to the sale and taking a share of the proceeds.</p> <p>3. Vendor and vendee—whether growing crop passes. As between vendor and vendee, growing crops are real estate, and, unless reserved, pass to the purchaser by a deed of the land as being annexed to and forming a part of the freehold.</p>