Odger's English Common Law

38 PRIVATE RIGHTS.
of the thing itself ; the common law at first knew of no such
action.
Hence the moulders of our common law divided property
into two classes. Eeal property was that in respect of which
a real action would lie, i.e., land and rights in or over land.
Personal property was that in respect of which a personal action
would lie, i.e., things (or, as they preferred to call them,
chattels) and choses in action. There was, however, one
class of property which appeared to our ancestors to contain
elements both real and personal, and to which they therefore
gave the self-contradictory title of "chattels real." These
consisted of leaseholds and other chattel interests in land
and the owner was permitted to enforce his right to property
of this kind by a " mixed action."
This classification of property still lingers in our law.
though its divisions are unscientific and its nomenclature
meaningless, if not misleading. An English lawyer is,
therefore, still compelled to tabulate the different kinds of
property in the following illogical manner—illogical, because
it is based upon distinctions of procedure which are now
obsolete :—
I. Eeal property consists of
(i.) land
;
— ;
(ii.) rights in, to or over land.
II. Personal property consists of
(iii.) chattels real ;
(iv.) chattels personal
(v.) choses in action.
—
;