< Page:Harvard Law Review Volume 8.djvu
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126

HARVARD LAW REVIEW.

126

126 HARVARD LAW REVIEW.

original character." If, as is necessary to make this mean much, "will lose " is a misprint for " will not lose," this is a statement of a doctrine that the line drawn by the law between real and personal property can be moved about at the pleasure of " the owner of the equity and of the per- son interested in" particular kinds of chattels. The case cited {Union Trust Co. V. Tel. Co., 36 Fed. Rep. 288) states the test to be whether a thing "can be removed without material injury to the structure." This is the sweeping view (which Mr. Jones does not hold) that all fixtures may be personalty by agreement. But the view stated in the text that some may be and some may not is peculiar. R. w. h.

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