
    TERHUNE against ELBERSON.
    OH CERTIORARI.
    A conveyance of land in fee simple, passes tie grain growing tbereon, unless expressly reserved.
    The action below was an action of trespass, for cutting down and taking away eighty bushels of rye, and twenty bushels of wheat of the plaintiff below, Elberson, by the defendant below, Terhune, the 7th July, 1810.
    The defense set up, was, that the defendant below purchased the land on which he cut the wheat and [*] rye of the plaintiff below, the 4th May, 1810, and had gone into possession of the premises under the said deed, on which the wheat and rye was cut at the time of cutting it, which fact appeared by the record.
    Tt was contended by the plaintiff below, that although he did sell the land on which the wheat and rye was cut, to the defendant, in May, and give him possession thereof, yet that this sale did not convey the wheat and rye growing on the land. That whoever sowed in peace should reap in peace. The cause was tried by a jury, and verdict and judgment for the plaintiff for $30, with costs.
   By the Court.

The doctrine of emblements does not apply to this case. The sale and conveyance of the land in fee simple, carried with it the wheat and rye growing on the land, unless the wheat and rye was specially reserved, which was not pretended.

Let the judgment be reversed.

Accord Tripp v. Hasceig, 20 Mich. 254 Cited in Bloom v. Welsh, 3 Dutch. 177.  