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FRUIT

The produce of a tree or plant which contains the seed or is used for food. This term, in legal acceptation, is not confined to the produce of those trees which in popular language are called “fruit trees,” but applies also to the produce of oak, elm, and walnut trees. Bullen v. Denning, 5 Barn. & C. 847. Civil fruits, in the civil law (fructus oivttes) are such things as the rents and income of real property, the interest on money loaned, and annuities. Civ. Code La. 1900, art. 545. Fruit fallen. The produce of any possession detached therefrom, and capable of being enjoyed by itself. Thus, a next presentation, when a vacancy has occurred, is a fruit fallen from the advowson. Wharton. Fruits of crime. In the law of evidence. Material objects acquired by means and in consequence of the commission of crime, and sometimes constituting the subject matter of the crime. Bur rill, Oirc. Ev. 445; 3 Benth. Jud. Ev. 31. Natural fruits. . The produce of the soil, or of fruit trees, bushes, vines, etc., which are edible or otherwise useful or serve for the reproduction of their species. The term is used in contradistinction to “artificial fruits,” t. e., such as by metaphor or analogy are likened to the fruits of the earth. Of the latter, interest on money is an example. See Civ. Code La. 1900, art 545. Frumenta quae sata sunt solo cedere intelliguntur. Grain which is sown is understood to form a part of the soil. Inst. 2, 1, 32.

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