The RURAL NEW-YORKEK 
January 21, 1922 
VRAOe MAftH 
REGISTERED 
F.S.ROYSTER GUANO COMPANY 
Norfolk, Va. 
Tarboro, N. C. 
Columbia, S. C. 
Macon, Ga. 
Birmingham, Ala. 
Richmond, Va. 
Charlotte, N. C. 
Lynchburg. Va. 
Washington, N. C. 
Spartanburg, S. C. Atlanta, Ga. 
Columbus, Ga. Montgomery, Ala. 
Baltimore, Md. Toledo, Ohio 
100 Bushels to the Acre 
Amos P. Elton, Westfield, Mass., planted less than 124 acres 
of Yellow Flint corn last spring. He fertilized with Hubbard’s, 
and in the fall husked out 259 bushels by actual count, which 
shelled out a yield of 100 bushels to the acre. 
Any farmer who uses riubburd’s Bone Base Fertilizers consistently will tell 
you that it pays. Order early. 
THE ROGERS & HUBBARD COMPANY 
Dept. A Middiet.wn. Conn. 
Office and Works: Portland, Conn. 
'It’s the Quality Behind the Analysis That Counts” ($j 
,/riUr P 
1 HUBBARD'S base FERTILIZERS 
ALLWORK 
KEROSENE TRACTORS 
Everything including 
steering is dust proof 
and in oil. 
26 Roller and Ball 
Bearings. 
3 speeds forward and 
1 reverse. 
M ost accessible of 
modern tractors. 
414 x 6 — 4 cylinder 
engine. 
14*28 H. P. on kero- 
sene. _ 
Special short turning 
device. Turns in 95-4 
foot radius even on 
plowed ground with 
full load attached. 
Above cut shows the ALLWORK II originally designed and developed for the Cali¬ 
fornia service—considered the hardest in the world. Having proved its ability to stand 
up under these conditions, we can conscientiously recommend it. The Allwork II 
is one of the most compact, powerful and sturdy 3-plow tractors on the market. 
Write for catalog and study its construction for your self 
ELECTRIC WHEEL COMPANY, Box 48A, Quincy, Illinois 
When you zorite advertisers mention The R. N.-Y. and you’ll get a 
quick reply and a “square deal.” See guarantee editorial page. 
Legal Questions 
Release of Wife’s Dower Right 
A is a country lad : B is tt city girl. 
A marries 15, and she is perfectly willing 
to come to the country and both work and 
live on C’s truck farm. A year after 
marriage A buys some laud adjoining O, 
7 1 ' acres. A pays $300 down and bor¬ 
rows the other $1,200 to pay for it, giving 
a note, C, A, and It signing it, and having 
a joi_t deed of the land between A and B. 
B offers $100 to A to pay for frees to 
set four acres out to fruit; A accepts. 
Six months later A and o helped a neigh¬ 
bor a few days, came hot c at night, and 
B had packed up and left A. Two weeks 
later 15 put it in the hands of a lawyer; 
bein'* iu a different county, she could 
bring no action; there was no cause for 
action, anyway. There are. no children 
and no prospect of any. A month later 
It moves her things awa.v from A and C, 
and demands the $100 from A that she 
put on the trees. A does not. want 1! to 
come back. If B signs off dower rights 
in A, and A signs oft' dower right in B, 
and B signs off in the joint deed and A 
pays the $100, and also sees that B’s 
name is released from the $ 1,200 note, 
could Be come back on A for any share? 
Wliat would be necessary to bring about 
the desired result? If B refused to sign 
oft. would A have the same dower right 
in B that J5 has in A? w. c. M. 
New York. 
The wife cannot release her dower right 
by conveying the same to her husband, 
except in case of actual divorce. There 
is no wa.v in which ttie husband can pro¬ 
cure the release of the dower right of his 
wife so that lie can hold it free from 
dower right, unless he obtains a divorce 
from his wife. If the husband wishes to 
sell the property, the wife could release 
her dower to the purchaser. N. T. 
Jurisdiction Over Non-resident 
Has New York City any jurisdiction 
over a man who never lived there in his 
life, and has always boon held in the high¬ 
est esteem in the community in which he 
has lived by all who know him? To ex¬ 
plain. 1 will briefly outline the facts of 
the case. A wi f e whose people live in 
Brooklyn left her husband without cause, 
as was proved in a suit before Judge See- 
ger in Newburgh, July H3. He dismissed 
the case after hearing her testimony, with- 
out the defense having to put a witness 
on the stand, lie.* action was brought by 
affidavits that were false, and it was de¬ 
cided against, her. Then iu September 
she had her husband summoned to the 
Court of Domestic Relations in Brooklyn, 
for support of child. After numerous 
postponements the judge took them 
into a side room and brought out 
the facts that the husband lmd never 
refused to support them in the home he 
provided for her. But, in the face of all 
this, and the decision that site had no 
enuse for separation, this# Judge Dooley 
ordered him to pay her $0 a week, and 
give bonds for one year. This man is a 
farm hand, earning $40 a month, and the 
$0 a week is more than half of his wages, 
and there is no justice in it. A city man 
earning $10 n week, ins!cad of $40 a 
month, would not be required to pay 
more. There is no prospect, of the child 
being n charge to the city. Can he de¬ 
mand the child instead of paying tiiis to 
her, to help her live in idleness? Why 
should the judge not have sent, her to the 
courts of Orange County, where husband’s 
home is? I have the opinion of a lawyer 
friend in Washington, who says that un¬ 
less that court has unusual scope, they 
have nothing to do with the husband when 
she was the one who left, and it was 
proven without cause. Could thD judge 
have sent him to jail if he had refused to 
furnish bond? lias a lawyer an.v right to 
extend the time for appealing a case 
without consulting the client, or letting 
him ..now anything about it? A. V. 
We are unable to decide on the question 
of jurisdiction of the Brooklyn court with¬ 
out a careful review of all the proceedings 
had and evidence taken iu that court. 
Tiie fact that the action brought, by the 
wife was nonsuited does not establish any 
fact, but indicates that she failed to prove 
facts sufficient to constitute u cause of 
action. A parent might abandon u child 
in a county other than the county in 
will - he lived in more ways than one. 
For instance, if a child living with its 
mother in Krio County was being sup¬ 
ported by its father, who lived in Orange 
County, and was suddenly abandoned by 
the father without support, Erie County 
would have jurisdiction over the case. 
N. T. 
Property Rights of Heirs 
A farmer dies without leaving a will 
in New York State, leaving a widow and 
one daughter, together with a valuable 
farm. Later daughter marries and 1ms 
one son. Recently said daughter dies 
without leaving a will. Can the husband 
claim any interest in the farm, and to 
what extent, if any, or does it revert to 
the son and grandmother? (Son will be 
21 years of age this Fall). What in¬ 
terest has the grandmother of said son 
in the property? , P. s. 
New York. 
Under the laws of New York State 
the widow is entitled to the use of one- 
third of the real property during her life, 
and the daughter is entitled to the re¬ 
mainder. The daughter having died, 
leaving a son surviving her, the grand¬ 
mother is still entitled to her use of one- 
third. The husband of the daughter has 
the use of one-third of the remainder dur¬ 
ing his lifetime, and the grandson is 
entitled to the remainder. N. T. 
Cutting Brush Along Road 
What is the law concerning the cutting 
of brush along the highway? Can the 
commissioner send me to cut and charge 
it. in tax after it has been cut back a rea¬ 
sonable distance? What can be done 
when stone has been dumped on land and 
said brush thrown into a cleared lot? Are 
property owners obliged to pay road tax 
when roads have not been worked in two 
years, except to come on (his Fall and cut 
this brush? The State roads seem to be 
the onb’ ones receiving any care, and it 
looks as though they cut brush now the 
work lias closed on those in order to tiJx 
us for the upkeep of said State road. 
New York. c. ir. z. 
The highway law provides that it. shall 
he the duty of the owner or occupant of 
lands situate along the highway to cut 
and' remove all briars and brush growing 
within the hounds of the highway fronting 
such lands once in the month ilf August 
in each year, and if such owner or occu¬ 
pant fails to cut or remove such weeds 
or brush the town superintendent in which 
such lands are situate shall cause the 
same to be done, and the expense thereof 
shall he charged against the owner or oc¬ 
cupant, and levied and Cotlerred as pro¬ 
vided by the highway law. There js no 
price fixed by law for this work, but the 
town superintendent is guided by the town 
board as ty the price per day which he 
pay for his labors. You must, bear in 
mind that the town superintendent of 
highways has nothing to do with State 
roads. If lie is not working your road he 
must be at work on some other dirt road, 
for the State would not permit him to 
work on its roads. You will observe that 
the statute says that (he brush and briars 
must, he removed from the bounds of the 
highway; hence a reasonable distance 
hack must be to the hounds of the high- 
wa T- N. T. 
Wife Demands Waqes 
. I •‘ 1m a cripple ; have been so for about 
eight years. I have been married 16 
years, have three children. Han a wife 
leave home and take the children with 
her and collect wages for her work for 
the time that she has lived with husband? 
I have taken care of the children; maybe 
they have not had as much of this world’s 
goods, as some have, hut they have not 
been in waut. I am living on my mother’s 
farm, and she has furnished the living. 
My wife says that she can sue and get 
her wages for her work for 15 years. 
Also, has a wife any right to take her 
husband's mail, open it, take out a check 
and sign his name to it and cash it with¬ 
out his consent? A. s. 
No, your wife cannot leave you after 
having been married to you for 16 years 
and collect wages for the time she lived 
with you. No one has a right to sign 
your name to a check unless authorized 
b.v you, and the hank has no right to cash 
the check unless signed by you or some 
one whom they know had hern authorized 
to endorse the same. N. T. 
Alteration in Mortgage 
TVe sold a farm to a young man in 
1017. 107 acres at $48 an acre. He paid 
$1,500 down on place, and was to pay 
$500 a year thereafter, with interest at 6 
per cent. He made one payment of $500, 
and another half payment of $250 since 
1017. lie would have paid more on the 
mortgage if needed at the time, but I 
told him if he kept up the interest it 
would he all right. About two years ago 
I needed money and he cotlhl not give it 
to me at lhat. time, so I borrowed money 
at a local bank and gave the mortgage as 
collateral, and had to pay the hank 7 per 
cent. This young man lias not been very 
prosperous and cannot make Ids pay¬ 
ments,. so one year ago this Fall I had 
him give me a new mortgage and new 
notes at 7 per cent interest. This new 
mortgage was made out as a substitute 
for the old one, 1 hud the old mortgage 
cancelled pud the new one recorded. 
During the time he gave me the first 
mortgage and the second mortgage, he 
bought another 100 acres from another 
man and gave this man a second mort¬ 
gage on the farm I sold him for security 
on the 100 acres. This man's second 
mortgage was recorded before my hist, 
or new one, was recorded. Who holds 
first mortgage? I knew he had given this 
other man a second mortgage on the farm 
T sold him. hut. thought the new mortgage 
1 took, being a substitute for the old one. 
and recorded as such, would stay as first 
mortgage. I have given this mortgage to 
an attorney here to foreclose, and the 
attorney says my mortgage will have to 
stand as second mortgage. a. c. D. 
Your attorney is right when he tells 
you (hat your mortgage is now a second 
mortgage. You relinquished all claims 
under the first mortgage by having it dis¬ 
charged of record. If your security is 
doubtful it might be well for you to buy 
the other mortgage. n. t. 
