Page:Federal Reporter, 1st Series, Volume 4.djvu/613

BTBBBS V. DANIEL. 599 �on the subject of fixtures , are so numerous, differential, and conflicting that it is quite impossible to find authoritative precedents for any case. It bas been frequently said that each must be governed by its own ûircumstances. The ruling �1 make here is only that, in a case like this, the machinery must be treated as a part of the leasehold, whether it be real estate or personal property; and that no other duty iras required of the marshal in making and keeping up his levy on the machinery than -was required in making and keeping up his levy on the leasehold ; and, therefore, the levy on the leasehold not having been abandoned, the levy on the machin- ery was not abandoned by the acts relied on to show such abandonment. Ewell, Fix. 353, 357; Tyler, Fix. 159, 164, 192,240,416,626; Freeman, Ex. § 114; Watson, Shff. 179; Van Ne 88 T. Packard, 2 Pet. 137; Kutter v. Smith, 2 Wall. 491; Gue v. Tide-ivater Co. 24 How. 257; Elwea v. Mawe, �2 Smith, Leading Cases, (7th Ed.) 177, 212, 220, 222; Pem- hertonw. King, 2 Dev. Law, 376; Conkling v. Foster, 57 111. 104; Pillow v. Love, 5 Hayw. 109; De Oraffenreid v. Scruggs, 4 Humph. 451; Childress v. Wright, 2 Cold. 350; McDavid v. Wood, 5 Heisk. 95; Cannon v. Hare, 1 Tenn. Ch. 22, 25; BoydeU v. McMichael, 1 Cromp. Mees. & Eos. 177, note a, p. �180; Hallen y. Runder, Id. 266, 275; Stewart v. Lombe, 1 Brod. & Bing. 506; S. C. 5 E. G. L. 768; Bartiard v^Leigh, 1 Stark. 27; S. C. 2 E. C. L. 217; Boty v. Gorham, 5 Pick. 487; Potter v. Cromwell, 40 N. Y. 287; Murdock v. Gifford, 18 N. Y. 28. �Moreover, I am of opinion that, in Tennessee, leasehold interests are now real estate so far as concerns judgments and executions, and that this judgment was a lien upon this property, The cases already decided in Tennessee settle this principle, though none of them are cases of execution levies. Section 51 of the Code says that the words "real estate," "real property," and "land" include lands, tenements, and hereditaments, and ail rights thereto and interests therein, ■equitable as well as legal. T. and S. Code, § 51. We have seen that under the statute of elegit leaseholds were held to be included in the words "medietatem terra 8ua"\ Porter y. ����