Tree

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TREE. A woody plant, which in respect of thickness and height grows greater than any other plant.
     2. Trees are part of the real estate while growing, and before they are severed from the freehold; but as soon as they are cut down, they are personal property.
     3. Some trees are timber trees, while others do not bear that denomination. Vide Timber, and 2 Bl. Com. 281.
     4. Trees belong to the owner of the land where they grow, but if the roots go out of one man's land into that of another, or the branches spread over the adjoining estates, such roots or branches may be cut off by the owner of the land into which they thus grow. Rolle's R. 394; 3 Bulst. 198; Vin. Ab. Trees, E; and tit. Nuisance, W 2, pl. 3; 8 Com. Dig. 983; 2 Com. Dig. 274; 10 Vin. Ab. 142; 20 Viii. Ab. 415; 22 Vin. Ab. 583; 1 Supp. to Ves. jr. 138; 2 Supp. to Ves. jr. 162, 448; 6 Ves. 109.
     5. When the roots grow into the adjoining land, the owner of such land may lawfully claim a right to hold the tree in common with the owner of the land where it was planted; but if the branches only overshadow the adjoining land, and the root does not enter it, the tree wholly belongs owner of the estate where the roots grow. 1 Swift's Dig. 104; 1 Hill. Ab. 6; 1 Ld. Raym. 737. Vide 13 Pick. R. 44; 1 Pick., R. 224; 4 Mass. R. 266; 6 N. H. Rep. 430; 3 Day, 476; 11 Co. 50; Rob. 316; 2 Rolle, It. 141 Moo. & Mal. 112; 11 Conn. R. 177; 7 Conn. 125; 8 East, R. 394; 5 B. & Ald. 600; 1 Chit. Gen. Pr. 625; 2 Phil. Ev. 138; Gale & Wheat. on Easem. 210; Code Civ. art. 671; Pardes. Tr. des Servitudes, 297; Bro. Ab. Demand, 20; Dall. Dict. mot Servitudes, art. 3 Sec. 8; 2 P. Wms. 606; Moor, 812; Hob. 219; Plowd. 470; 5 B. & C. 897; S. C. 8 D. & R. 651. When the tree grows directly on the boundary line, so that the line passes through it, it is the property of both owners, whether it be marked as a boundary or not. 12 N. H. Rep. 454.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
It is a spicy plant that geographically overlaps with the tree shrew and produces Cap2, a capsaicin analog, in abundance.
The lid is lined with nectar, which attracts hungry tree shrews. As a shrew sits on the jug to lick the nectar, its droppings fall into the plant.
The tree shrew, Tupaia belangeri, which belongs to the Tupaiidae of Scandentia and is found primarily in China, Vietnam and Burma, attracted the attention of biomedical researchers when it was initially thought to be the only non-primate that could be infected by hepatitis virus.
[26] found that the relative HA content in sclera was significantly lower in treated eyes than in control eyes in tree shrew after 1 day of negative lens wear.
Fuchs, "Neurogenesis in the dentate gyrus of the adult tree shrew is regulated by psychosocial stress and NMDA receptor activation," Journal of Neuroscience, vol.
Mind you, would you want to look like a pen-tailed tree shrew? A wart hog has a certain appeal and so does a hippopotamus, but think of the dental bills.
Squirrel-like tree shrews in the forests of northwest Borneo rest on the rims of pitcher plants and lick up nectar.
After comparing a special kind of DNA among the mammals in its study, Murphy's team concluded that tree shrews branched off from the ancient ancestor first.
Primates represent one branch of a superclade that includes rodents, lagomorphs, flying lemurs, and tree shrews. Judging from what these mammals have in common, early members of this clade had more neocortex than early mammals, and the temporal lobe had expanded to include several additional visual areas.
The presence of a message for muscarinic receptor protein (MRNA) in the tree shrew and human sclera has been demonstrated.
And this tree shrew from Asia lives in trees and acts a lot like a squirrel.
Most analyses of the tree shrew place it near or even within the Primates [17].