emblements(redirected from Fructus industriales)
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Crops annually produced by the labor of a tenant. Corn, wheat, rye, potatoes, garden vegetables, and other crops that are produced annually, not spontaneously, but by labor and industry. The doctrine of emblements denotes the right of a tenant to take and carry away, after the tenancy has ended, such annual products of the land as have resulted from the tenant's care and labor.
n. crops to which a tenant who cultivated the land is entitled by agreement with the owner. If the tenant dies before harvest the crop will become the property of his/her estate.
emblementsthe annual fruit of sown lands. See GOODS.
EMBLEMENTS, rights. By this term is understood the crops growing upon the
land. By crops is here meant the products of the earth which grow yearly and
are raised by annual expense and labor, or "great manurance and industry,"
such as grain; but not fruits which grow on trees which are not to be
planted yearly, or grass, and the like, though they are annual. Co. Litt.
55, b; Com. Dig. Biens, G; Ham. Part. 183, 184.
2. It is a general rule, that when the estate is terminated by the act of God in any other way than by the death of the tenant for life, or by act of the law, the tenant is entitled to the enablements; and when he dies before harvest time, his executors shall have the emblements, as a return for the labor and expense of the deceased in tilling the ground. 9 Johns. R. 112; 1 Chit. P. 91: 8 Vin. Ab. 364 Woodf. L. & T. 237 Toll. Ex. book 2, c. 4; Bac. Ab Executors, H 3; Co. Litt. 55; Com. Dig. Biens G.; Dane's Ab. Index, h.t.; 1 Penna. R. 471; 3 Penna. 496; Ang. Wat. Co. 1 Bouv. Inst. Index, h.t.