Ghe  RURAL  NEW-YORKER 
331 
joining  land  m  tm>  crook  mnl  tliose  trees 
wore  foiled  in  tills  lino.  What  right  has 
anyone  to  do  stlcb,  and  what  recourse 
have  we  in  this  matter?  Can  we  sue  for 
trespass  and  for  damages  for  foiling 
these  trees  in  th  '  creek?  Also  to  what 
amount  do  you  think  we  would  be  justi- 
uny  runni  nir 
Boar.  Send  for  /T 
It  today. 
EleetricWhoolCo.  ^ 
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Legal  Questions 
The  Easy  Handling  Cultivator 
The  1916  Farquhar  Rider  is  a  real 
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THE  RURAL  NEW-YORKER 
333  W.  30th  St.,  New  York  City 
Mortgage  Questions. 
1.  Tf  A  owns  a  woofl-1  i >t  and  R  holds 
a  mortgage  on  it  for  half  its  value,  can 
A  go  ahead  and  out  olf  all  or  any  part  of 
the  wood  without  nonsuiting  B?  Should 
B  object,  whnt  can  In*  do?  “.  flow  is  a 
mortgage  released  in  New  Hampshire? 
New  UaiAiishirc.  j.  ii.  x. 
1.  If  the  wood  constitutes  the  chief 
value  of  the  woodlut,  and  the  lot  with  the 
wood  off  would  not  be  ample  security  for 
the  debt,  A  should  not  cut  off  the  wood 
without  the  consent  of  B ;  indeed  B 
could  prevent  it  by  obtaining  an  injunc¬ 
tion  preventing  the  waste,  or  B  may 
bring  an  action  for  damages  against  A 
for  injury  to  the  security. 
2.  Real  estate  mortgages  are  dis¬ 
charged  by  the  mortgagee  writing  on  the 
back  thereof  the  date  and  the  words:  ‘‘I 
discharge  the  within  mortgage”  and  sign¬ 
ing  the  same.  This  discharge  should  be 
recorded. 
Ownership  of  Trees  Along  Highway 
If  a  man  plants  fruit  trees  along  the 
roadside  can  he  stop  people  from  piekiug 
the.  fruit?  There  is  a  man  who  lives  near 
us  who  has  about  -50  trees  along  the 
roadside,  aud  people  come  along  with 
autos  und  shake  the  trees.  I  would  have 
planted  some  but  for  that  reason.  Is 
there  any  law  preventing  such  acts? 
New  York.  p.  x. 
All  trees  Standing  or  lying  on  laud 
within  the  bounds  of  any  highway  shall 
bo  for  the  proper  use  of  the  owner  or  oc¬ 
cupant  of  such  land,  except  that  they 
may  be  required  for  use  on  the  highway 
or  bridges  of  the  town.  If  you  plant 
fruit  trees  along  the  highway  you  cer¬ 
tainly  may  stop  people  from  picking  the 
fruit.  They  have  no  more  right  to  the 
fruit  than  to  the  fruit  in  your  garden. 
The  trouble  is  it  is  so  hard  to  detect 
all,  or  a  good  share  of  them,  in  the  act 
of  stealing.  Altogether  the  consensus  of 
opinion  is  that  it  is  not  desirable  to 
plant  fruit  trees  along  the  roadway,  es¬ 
pecially  outside  the  fehce. 
Clearing  Up  Lien 
I  would  like  to  know  if  a  lien  dated 
in  the  year  1750  can  be  held  against  a 
farm  in  Pennsylvania,  as  a  trust  com¬ 
pany  says  they  cannot  give  a  clear  title 
until  same  is  released?  Would  yon  tell 
me  the  proceeding,  aud  what  the  cost 
would  be,  and  who  is  supposed  to  stand 
the  expense?  A.  T. 
Pennsylvania, 
You  do  not  state  what  the  lien  is — 
judgment,  mortgage  or  what?  Without 
knowing  this  it  is  impossible  to  tell  you 
how  to  get  rid  of  it.  The  trust  company 
should  tell  you  whnt  proof  they  need  in 
order  to  clear  the  title.  Where  it  is  so 
old  the  statute  of  limitations  has  run 
against  it,  and  the  proof  required  would 
presumably  not  be  much.  Whoever  is 
required  to  give  a  clear  title  would  have 
to  stand  the  expense,  unless  by  contract 
it  is  otherwise. 
Drainage  of  Land 
Have  drainage  commissioners  the  pri¬ 
vilege  of  going  outside  of  their  district 
and  surveying,  cutting  trees,  driving 
stakes  out  in  the  fields,  without  asking 
any  permission  to  enter  on  such  land  out¬ 
side  of  the  district?  The  deed  to  our 
place  calls  for  the  division  line  of  ad- 
•  ••  i  i  •  i  i  i  i  i 
-  •  *  ’  *  •  >■  »  *  *  •  *n  •  ■  •  •  -  »  VM  ■-  *  f  U  v  W*.  V  ■  '111 
missionors  changed  the  course  of  the 
creek  about  four  or  five  years  ago  cutting 
through  a  corner  of  <uir  land,  without 
permission,  using  land  for  creek  and  to 
make  a  levee  with.  Have  we  any  re¬ 
course  in  this  matter?  Can  we  get  at 
them  for  crossiug  land  and  using  land  for 
the  creek  and  levee  without  our  permis¬ 
sion?  c,  A.  M. 
Illinois. 
If  it  is  necessary  for  the  Commission¬ 
ers  in  the  proper  execution  of  their  work 
to  enter  your  lands  they  may  do  so,  but 
they  must  pay  you  for  the  damage  done. 
They  have  no  right  to  cut  trees  without 
paying  for  them.  Sue  whoever  cut  your 
trees  and  did  damage  to  you.  You  would 
lie  justified  iu  suing  for  jnsr.  whnt  dam¬ 
age  has  been  done,  i.e.,  value,  of  trees  cut, 
injury  to  crops  from  trespass,  flooding 
of  lauds  caused  by  felling  trees  in  creek, 
etc*.,  whatever  you  can  prove.  You  should 
have  been  compensated  for  the  change  of 
course  of  the  stream,  although  you  have 
waited  so  long  you  may  have  waived  this, 
although  you  should  put  iu  a  claim  for 
this  for  what  it  may  be  worth  with  the 
present  commissioners. 
- *~ 
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■ — r" 
■  Jgc  , 
1;  -v 
.  *;i 
A  -  _ '  =T  V _ 
“Jay-Eye- See” 
Many  years  ago  there  was  a  famous  race  horse, 
known  from  ocean  to  ocean.  Its  name  was  “Jay- 
Eye  -See” — which  were  the  initials  cf  J.  I.  Case, 
the  founder  of  the  J.  I.  Case  T.  M.  Company. 
The  owner  of  this  famous  horse  was  known  as  a  man 
who  loved  thoroughbreds  —  a  man  who  admired  perfec¬ 
tion.  He  was  recognized  as  a  master-builder  of  ma¬ 
chinery.  He  established  his  factory  in  1  842,  and  around 
it  gathered  a  world-known  community  of  able  workmen. 
Thoroughbred  ing  these  springs  from  the  rear  axle 
Like  the  noted  "Jay-Eye-See”  80  that  theV  do  only  sPrinS  dut^ 
— known  to  you  surely  by  repu-  The  divided  front  seats — the 
tation-  the  new  Case  ‘*40"  is  a  upholstery  in  real  grain  leather, 
thing  of  rare  beauty.  Its  long,  which,  by  the  way  is  removable 
sweeping  lines  are  distinctive.  All  as  a  unit  for  cleaning —together 
corners  have  disappeared.  This  with  the  unusual  room,  both  in 
unmistakable  beauty  makes  men  the  front  compartment  and  in  the 
spot  this  car  and  admire  it.  You  tonneau,  will  excite  further  praise, 
will  enjoy  driving  such  a  “dif¬ 
ferent"  car — one  that  stands  out 
from  others. 
Tomorrow’s  Car  Today 
Your  first  mile  in  this  car  will 
delight  you  with  its  unusual  com¬ 
fort.  This  is  gained,  not  alone  by 
the  use  of  the  cantilever  springs, 
but  by  the  Case  way  of  suspend- 
Tests  of  Value 
Then  when  you  come  to  test  those 
parts  beneath  the  hood,  in  a  hard 
pull  or  up  a  steep  incline,  or  on 
the  car’s  100,000th  mile,  you  will 
find  the  Case  motor  well  deserv¬ 
ing  of  the  characterization — “the 
motor  that  makes  extra  cylinders 
unnecessary.” 
Here  Are  More  Details 
The  fact  that  all  wiring  is  housed  in  waterproof,  rustless,  flexible 
conduits,  illustrates  the  care  in  planning  of  details.  The 
t  junction  box  between  the  body  and  the  chassis,  also  in¬ 
dicate  the  attention  which  you  will  find  asyou  go  through 
the  car  with  a  microscope.  Study  every  part.  These 
are  but  a  few  of  the  many  things  which  make  this  car 
a  rare  value.  Of  course  Westinghouse  ignition,  lighting 
and  starting  equipment  needs  no  further  comment. 
New  Car — New  Price 
We  offer  you  thi3  car  at  the  price  of  $1090,  f.  o.  b.  Racine,  with  the 
statement  that  it  contains  all  of  the  merit  of  our  earlier  “40,"  which 
sold  for  $2300.  You  know  what  Case  means  by  value.  Let  us  send 
you  our  fine  new  catalog,  which  shows  you  the  car  in  colors  and 
pictures  its  many  superiorities. 
The  Sign  of 
Mechanical 
Excellence 
the  World  Over 
J.  I.  CASE  T.  M.  COMPANY,  Inc. 
Founded  1842  545  Liberty  St.,  Racine,  Wis. 
£and  clearing  an 
£  Ti  HAND  POWER- 
©  Stump  Puller 
Works  on  an\J  land.  Operated  by  hand!  No  horses; 
no  digging  Made  of  forged  Krupp  steel — guaranteed. 
Adapted  anti  used  by  U. 3.  Government  officials  and  many  states. 
Send  for  FfctK’llustrstcd  book  on  Land  Clearing  and  special  offer. 
Drop  a  postal  to 
W.  J.  FITZPATRICK 
Box.  76  182  Fifth  Street 
San  Francisco, Calif. 
