Emblements

Emblements

In the common law, emblements are annual crops produced by cultivation legally belonging to the tenant with the implied right for its harvest, and are treated as the tenant's property. ["Dutton v. International Harvester Co.", 504 N.E.2d 313 (Ind. Ct. App.., 1987)]

The doctrine chiefly comes into play in the law of landlord and tenant, or in the foreclosure of mortgages and other legal situations that place the rights of another party in contention with those of a farmer who has planted a crop yet to be harvested. In these situations, the doctrine of emblements operates to guarantee the farmer's right to reap and carry away the fruits of his labor even if he loses title to the land on which they are grown. ["Pittman v. Max H. Smith Farms, Inc.", 506 N.E.2d 1139 (Ind. Ct. App., 1987).]

References


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  • emblements — em·ble·ments / em blə məns/ n pl [Anglo French, from Middle French emblaement act of sowing grain, from emblaer to sow with grain, from en , causative prefix + Old French blet ble grain]: crops from annual cultivation legally belonging to the… …   Law dictionary

  • emblements — [em′blə mənts] pl.n. [ME enblaymentez < OFr emblaement (sing.) < emblaer < en (L in) + blee, grain < WGmc base akin to Ger blatt, leaf, MDu blat, BLADE] 1. Law cultivated growing crops which are produced annually 2. the profits from… …   English World dictionary

  • Emblements — Annual crops cultivated by a tenant which are treated as the tenant s property rather than the landowner s. If a tenant loses possession of the land, he or she is still entitled to finish raising the crops and to harvest them. If the land passes… …   Investment dictionary

  • emblements — /emblamants/ Crops annually produced by labor of tenant. Corn, wheat, rye, potatoes, garden vegetables, and other crops which are produced annually, not spontaneously, but by labor and industry. Finley v. McClure, 222 Kan. 637, 567 P.2d 851, 853 …   Black's law dictionary

  • emblements — /emblamants/ Crops annually produced by labor of tenant. Corn, wheat, rye, potatoes, garden vegetables, and other crops which are produced annually, not spontaneously, but by labor and industry. Finley v. McClure, 222 Kan. 637, 567 P.2d 851, 853 …   Black's law dictionary

  • emblements — Corn, wheat, rye, potatoes, garden vegetables, and other crops, which are produced annually, not spontaneously, but by labor and industry; a classification which is important in reference to the doctrine of a tenant s rights in crops after the… …   Ballentine's law dictionary

  • emblements — noun plural Etymology: Middle English emblayment, from Anglo French emblaement, from emblaer to sow with grain, from en + bleé grain, of Germanic origin; akin to Old English blæd fruit, growth, leaf more at blade Date: 15th century crops from… …   New Collegiate Dictionary

  • emblements — /em bleuh meuhnts/, n.pl. Law. the products or profits of land that has been sown or planted. [1485 95; pl. of emblement < AF, MF emblaement, equiv. to emblae(r) ( < ML imbladare to sow with grain, equiv. to im IM 1 + blad(um) grain ( > F blé) …   Universalium

  • emblements — n. profit made from harvesting a crop (Law) …   English contemporary dictionary

  • emblements — em•ble•ments [[t]ˈɛm blə mənts[/t]] n. pl. law (in law) the products or profits of cultivated land • Etymology: 1485–95; pl. of emblement < AF, MF emblaement, der. of emblae(r) < ML imblādāre to sow with grain …   From formal English to slang

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