...VANDENBERG, Defendant in Error. (Rendered Jan. 30, 1915.) Error from County Court of Noble County. 1. A thing is deemed to be affixed to land when it is...roots, as in the case of trees, vines or shrubs, or embedded in it, as in the case of walls, or premanently resting upon it, as in the oase of buildings,...

...(Rendered Jan. 30, 1916.) Error from County Court of Noble County. 1. A thing is deemed to be affiied to land when it is attached to it by roots, as in the case of trees, vines or shrubs, or embedded in it, as in the case of walls, or premanently resting upon it, as in the case of buildings,...

...Real or immovable property consists of : 1. Land ; 2. That which is affixed to land. . . . Sec. 660. A thing is deemed to be affixed to land when it is...roots, as in the case of trees, vines, or shrubs; ..." These sections are merely declaratory of the common law. Growing trees, shrubs, and other plants...

...Code to give a definition of a fixture only in part removes the difficulty, Section 660 declares that "a thing is deemed to be affixed to land when it is .... permanently resting upon it, as in the case of buildings"; but it still requires evidence to determine...

...fixture, permanently attached to the real property, pursuant to § 70-15-103, MCA, which provides: "A thing is deemed to be affixed to land when it is: (1) attached to it by roots, as in the case of trees, vines, or shrubs; (2) imbedded in it, as in the...