276 
‘Jbe K U k ri l. *< - K O KivbK 
Legal Questions 
Ownership Rights in Ice 
A dispute arises over the iee on a cer¬ 
tain pond. B. S. owns mill property and 
a number of acres surrounding it: bis 
deed goes to high-water mark, and he 
does not own one square fool of land un¬ 
der said porul. Ilis deed calls for priv¬ 
ilege of flooding land for mill purposes. 
Can B. control the ice on pond and 
creek? Can D. I\. cut ice when he owns 
both sides of creek? Would B. S. have to 
gain permission of M. H. before he could 
cut ice where M. II. owns land on one 
side of the creek? This has been a com¬ 
munity place to gather ice, and this year 
the owner of mill proposes to put a price 
on the ice which would make the four or 
five acres of laud under that water pay 
him the iuterest at 5 per cent on $1,000. 
A lawyer told me that M. R. would have 
to gain permission to cut from owner on 
the opposite side of creek, and we are 
wondering if this rule would work vice 
versa. E. o. c. 
Ice must be of more value during the 
past year or so. for during that time 
there has been considerable strife as to 
the ownership of ice forming on streams. 
The ownership of ice depends somewhat 
on the nature of the stream. If the 
stream is what is known as a navigable 
stream, and it may be navigable by actual 
use or by an act of Legislature, in the ab¬ 
sence of a local statute, the ice belongs 
to the first taker under the common law. 
Where a creek is a public highway it is 
lawful for any citizen of the State to 
take ice therefrom, provided he comply 
with the statutory restrictions relative to 
barriers, and so forth. A mill owner hav¬ 
ing the right to overflow the lands of an¬ 
other by the construction of a dam does 
not thereby acquire any right, to the 
water itself or to the ice formed thereon. 
Riparian owners on streams are not en¬ 
titled to ice which forms on such streams 
as incident to their ownership of the 
bank. In the case of Hagleton against 
Webster it was held that where riparian 
Owners on an inland nnn-nnvigable stream 
granted to a mill owner the right to over¬ 
flow their lands by means of a dam in 
the outlet of such lake, in order to raise 
the water for the purpose of propelling 
his machinery, they retained the right to 
use the waters and to cut and remove ice 
forming on the lake in such reasonable 
manner as not to injure the lower pro¬ 
prietor. 
In the case in question, if the stream 
is navigable, anyone has a right to cut ice 
thereon (this does not mean, however, 
that they can trespass on the adjoining 
owner in order to remove the same), but 
if the stream is non-navigable any ad¬ 
joining owner may cut and remove ice in 
a reasonable manner. N. T. 
Care of Indigent Parents 
In 1019 my father died, leaving a small 
farm in Vermont, of which he and mother 
were joint owners. About eight months 
previous he had been taken to the State 
hospital for the insane, and as there were 
unpaid bills and matters at loose ends I, 
the youngest daughter, found it necessary 
to sell some of the personal property and 
settle some bills, also paying some with 
my own money. Realizing that I had no 
legal right to do this and not wishing to 
do anything wrong 1 had myself ap¬ 
pointed guardian for both father and 
mother, who was mentally and physically 
incapable of attending to any business. I 
assumed the care of mother, meeting all 
her expenses, including sickness once, 
three months, and nursing her myself. 
I have one brother in Vermont who is 
able to help with expenses, hut he doesn't 
seem to do so. Mother has been ill for 
two months, and I am at a loss to raise 
money to meet expenses, as I have given 
up work to care for her. Is there any 
law in Vermont, by which I can force said 
brother to help? Hoes the fact that I 
am guardian and she owns the lit tic farm 
let him out? I have used several hundred 
dollars of my own money and listed the 
farm a year ago, but no sale has been 
made. I wrote him asking for a loan of 
$250. offering a mortgage on the farm. 
He wrote back that he would have t.o hire 
the money, but would send as soon as pos¬ 
sible. Then instead of sending me any 
money he tried to get somebody else to 
advance it. 1 have not asked him to give 
anything, only asked for a loan. M.v sis¬ 
ter here makes a home for both of us, and 
that is all she is able to do. I have an¬ 
other brother who has helped some, but it 
unable to do more. E. H. 
Delaware. 
At common law a child is under no 
legal obligation to support bis parents, 
even though they are destitute and in¬ 
firm. Tt would seem that in many cases 
the common law is not altogether human. 
Most parents give of their lives and their 
property lavishly, without thought of 
their own future, in an effort to rear and 
educate their children so that they will 
be: able to take their place in the fight 
for the survival of the fittest, and having 
done this, and those same children having 
prospered by reason thereof, there seems 
to be no reasonable theory why those 
children should not be compelled to give 
bark a portion of what they have re¬ 
ceived to keep their parents from a pau¬ 
per’s death. Realizing the insufficiency 
of the common law on this subject, many 
States have passed statutes which provide 
that the father, mother and children, if 
of sufficient ability, of a poor person who 
is insane, blind, old, lame, impotent or 
decrepit, so as to be unable to work to 
maintain himself, must at their own 
charge relieve and maintain him or her 
in a manner to be approved by the poor 
officials where he or she resides. 
The Stated that have provided for this 
have also provided for the enforcement, 
thereof by the poor authorities, and in 
case one of several persons equally liable 
for -the support of the indigent person is 
unable to contribute his entire proportion, 
lie may be ordered to contribute according 
to liis ability, and the others ordered to 
pay the residue. Blackstone once said: 
“The duties of children to their parents 
arise from a principle of natural justice 
and retribution; for to those who gave us 
existence we naturally owe subjection and 
obcdieuce during our minority, and honor 
and reverence ever after. They who pro¬ 
tected the weakness of our infancy are 
entitled to our protection in the infirmity 
of their age." As the statutes in different 
States vary as to the method of enforce¬ 
ment. it will be necessary to consult local 
poor authorities to determine the method 
of procedure in each particular case. As 
guardian you will undoubtedly have to 
dispose of what property your mother has 
and use that for her support before you 
can compel your brothers to contribute. 
N. T. 
Inheritance from Minor 
Two brothers own a farm together as 
tenants in common, one brother, a bach¬ 
elor, the other married and one son. The 
married brother dies in February and 
his wife dies the following September, 
leaving the 13-year-old boy. _ ’1 be court 
orders the farm sold, which is doue.. and 
the guardian, who lias been appointed 
for the boy takes a mortgage on the farm 
for its full one-half value for the boy s 
share. The boy lias died at the age of 
20, and leaves a will. Can this farm 
mortgage be willed by a minor as per¬ 
sonal property. This half value in the 
farm was in the father’s name, and never 
was transferred to the mother. The boy 
leaves only two direct heirs, a father’s 
sister and a mother s sister. M ho is 
the legal heir to the farm property He 
had other mortgages on real estate. Are 
they considered personal? The property 
originally all belonged to his father’s 
side, but it appears that the will may 
leave it in other directions entirely, 
probably by undue influence which pos¬ 
sibly cannot be proven. What would be 
the law in regard to his willing to his 
guardian or guardian's family? T. L. 
The laws nf New York State pro¬ 
vide that all persons, except idiots, peri 
sons of unsound mind and infants mat 
devise their real estate by a last will ami 
testament duly executed. livery male 
person of the age of IS years or upwards- 
and every female of the age of 1 • * yean 
or upwards, of sound mind and memory, 
and no others, may give and bequeath 
liis or her personal estate by will in writ¬ 
ing. The mortgage in the case yon men¬ 
tion is personal property; it is what is 
known as chose in action. If there had 
been no will the uncle and aunt would 
have shared equally. If the testator was 
of sound mind, in the absence of fraud 
or undue influence, there is no reason 
why he conld not will his property to 
his guardian if so desired. N. T. 
Misrepresentation in Land Deal 
A. wishing to buy n tract of land to 
erect a home, hears of a tract of land, 
27 acres, goes to B. a friend, and asks 
him to go and see owner with him ; B says 
he knows owner and will go and say lie 
wishes to buy tract and use same for a 
pasture lot, saying if owner knows A 
wants tract for a building lot be would 
ask a high price for same. B owns a 
home nearby, also a cow. B sees owner 
of tract, and finds out the price. A "tits 
the price of tract, in bank on deposit in 
B's name. B goes to owner and gets a 
description of 27 acres on payment of 
$50 down, balance to be paid on securing 
warranty deed signed by owner. I> gives 
A the above receipt describing tract, 
signed by owner writing underneath: 
" Received of A. $830. for full pay¬ 
ment, of above-described tract of land." 
Owner makes deed over to B; B takes A 
over tract, of land, and states about a lot 
of dead timber, etc., saying he would like 
to keep two back lots. A does not wish 
to do (his. B finally gets A to agree to 
let him have six acres of woodland. B 
saying it was nothing hut dead timber, 
and he ( B) only wished same for pastur¬ 
ing his cow. saying also he would give. A 
a note for $100 for same. A not. caring 
for $100, says if it is only dead timber he 
could have same; B insisting he would 
give A $100 note for same, which he never 
does. A has liis wife as a witness to the 
above. B makes a deed over to A of 18 
acres, holding back six acres. Now A 
finds out, after going through tract, that 
B, being a woodsman, lias taken all of the 
best woodland, and leaving nothing hut 
cedars to A’s 16 acres, as all the good 
wood is in B’s six acres. A offers B $100 
to give back (his six acres, or will take 
case to court, as B never owned said 
tract; he only acted for A. B gave A a 
receipt for the whole of 27 acres, but 
never deeded 27 acres over to A. B mis¬ 
represented facts to procure the six acres 
and B’s commission, A hears, by law can 
only be five per cent, lias A a good case 
in getting this back if taken to court ? 
< Connecticut. w. ai. s. 
There is not much consolation to give 
A concerning land which B purchased for 
him. It appears that A agreed to let B 
have six acres) of land, and B agreed t<* 
pay A the sum of $1(K>; therefore if B 
has not paid the $100, A might recover 
that amount from B. There can be no 
fraud in a transaction where both parties 
have an equal opportunity for investiga¬ 
tion. B was rather sharp, but cannot be 
criticized for driving a good bargain for 
himself. A was aware that B was sharp, 
for he procured B to make false represen¬ 
tations to the original vendor in order to 
buy the 27 acres more cheaply. The fact 
that B was perfectly willing to make 
false statements to the original vendor 
should have put A well on his guard. 
n. r. 
Tenant’s Rights in Farm Utilities 
I am now living on a farm that I have 
rented for about 10 years; have lived 
here with the verbal understanding that 
the place was to be mine upon owner’s 
death. I have done an endless amount 
of work on place and buildings. Now 
owners give me notice to move this next 
Fall. I want to know what I can re¬ 
move from place. 
I put in pump, sink and about 40 ft. 
galvanized pipe; pipe is not in ditch, but 
on surface of ground, not fastened to 
house. Can I remove these? I have 
about 200 loads of manure made the past 
Winter by my stock; owner of place for¬ 
bids me moving it. If I idle the manure, 
made during Summer, on boards, can 1 
move that? The first year I tore down 
an old lean-to cowshed and bought lum¬ 
ber and all necessary material to Build a 
stable 16x21 ft. This is not attached to 
barn in any way. I put no foundation 
under it. only six stories, but did put in 
concrete floor. Can I remove this build¬ 
ing? If not. can 1 not. make owner of 
place pay for work and material? I 
have about 10 tons of bay in barn that T 
moved here, this Spring from a farm I 
worked on shares. Can owner of place 
hinder me from moving that? I have 
heard that anything attached with screws 
can be removed, but anything nailed stays 
on (he place. Is this true? c. li. it. 
New York. 
The safest rule of determining a fix¬ 
ture will lie found by applying the fol¬ 
lowing requisites: 
1. Actual annexation to the realty or 
some appurtenant thereto. 
2. Appropriation to the use or purpose 
of that part of the realty with which it is 
connected. 
February 25, 1023 
3. The intention of the party making 
the annexation to make the article a per¬ 
manent accession to the freehold, this in¬ 
tention being inferred from the nature of 
the part and lbe relation and situation 
of the party making the annexation, the 
structure and mode of annexation, and 
the purpose or use for Which the annexa¬ 
tion can be made As a usual thing, the 
tenant, or a temporary occupier does not 
design a permanent improvement, while 
the owner of the fee annexes to it for the 
better enjoyment thereof. So, if one iu 
possession of land under a contract to 
purchase makes addition or improvement, 
of it, he evidently designs a permanent 
improvement of the realty, just, us much 
as if lie were the owner of the fee. and if 
be fails to fulfill his contract, the fixtures 
belong to the owner of the laud. But 
if in tlie case of an erection made by a 
party in possession under a contract to 
purchase, it is the vendor who refuses 
to convey the property, then the vendee’s 
right, to remove would be about the same 
as the right of a tenant. However, the 
mode of attachment is a controlling fea¬ 
ture, and if the removal of the chattel 
will injure the structure or general de¬ 
sign of the same, the chattel cannot be 
removed. 
A verbal understanding that the place 
was to be yours on the owner’s death 
docs not place yon in much better position 
legally than if you were an ordinary ten¬ 
ant. Probably you can remove tlu* pipe 
which is on the surface of the ground 
and not. fastened to the house. 
The owner of the farm is. entitled to 
the manure, whether you put it on boards 
or on the land. From your statement 
the stable built by you probably belongs 
to the owner of the land, and from your 
statement of facts there is no reason why 
you cannot dispose of Ihe bay which you 
gathered from another farm. N. T. 
Breach of Contract 
Last Fall I sold my farm with a part 
payment, another payment due in two 
months. Two days before the last pay¬ 
ment was due the house was burned with 
contents. 1 had the insurance on house. 
Their goods were insured for quite a bit 
more than they wore worth, The way 
the fire originated looked very peculiar, 
and residents made no especial effort to 
save their goods. As soon as they col¬ 
lected their insurance they took what 
they had and left. They had put the 
stock in barn and animals bad not been 
cared for nor feed in two days. I got 
there just as tenant was ready to leave; 
went, over to go with him to see about 
building a house. I had a chattel mort¬ 
gage and sold farm on contract. He said 
he would turn everything over to me, but 
signed no papers. Now I wish to build 
a bouse on the farm. Has he any claim 
on the farm, or will lie have after I sell 
the place, or rather slock and tools, on a 
foreclosure of the mortgage? Can I take 
him in any way after this lenglh of time 
for cruelty to animals? Have I a right 
to build a house on the farm? He has 
left the State, I think. D. w. P. 
New York. 
It is assumed that you sold the farm 
on a land contract. This being true, if 
the contract was not on record in your 
county clerk’s office and the purchaser 
has abandoned premises, all you will need 
to do is to take possession. There is no 
reason why you cannot build your house. 
You do not state how long it has been 
since he neglected the animals, ami an 
answer could not he given to your ques¬ 
tion in that respect. There would be no 
money coming to you if he was prosecuted 
for cruelty to animals. M. t. 
Chattel Mortgage 
Two years ago this Full I rented a farm 
and bought tools, horses, harness, furni¬ 
ture, dishes and practically everything 
from tlie man who was here before me. 
I was unable to pay for all, but put in 
$380. The man from whom I rented 
helped me by taking a mortgage of $580 
on some named objects and “other ar¬ 
ticles.” I have lived here two years this 
December, but have been unable to pay 
on the mortgage. Since living here I have 
bought and paid for a few needed tools; 
a plow, drag, etc. Can lie hold those 
things I have paid for? Am I entitled 
to a certain amount? Is there a limit to 
what lie oiln take and hold? I do not 
want to bi> dishonest, or anything of the 
sort. I want a chance to get on my feet 
and be able to meet the obligation. He 
lias asked me to rent from him again for 
another year, but I do not see bow I can 
and ever get out of debt, and because of 
my leaving he may foreclose at once. 
New fork* a. .a 
The holder of a chattel mortgage may 
on foreclosure take any or all the prop¬ 
erty mentioned in the mortgage to satisfy 
him claim. The giver of the mortgage 
waives his right of exemption by giving a 
mortgage oil the property. The holder 
of flic mortgage cannot take articles that 
were not covered by the mortgage without 
bringing an action and obtaining a judg¬ 
ment. Where a chattel mortgage de¬ 
scribed certain personal property and re¬ 
cites “other articles.” it can only mean 
such articles as the mortgagor had at the 
time of giving the mortgage. N. T. 
Hobson : “That burglar client of yours 
don’t seem very grateful to you for ac¬ 
quitting him.” Dobson: “He says I 
proved him so innocent that his pals 
daren’t .trust him with a swell job.”— 
Judge. 
This photograph came to ns, entitled “A pleasant evening for Dad! There is 
:u open fire in the room, a bowl of popped com, a couple of good apples, and a copy 
of “1 lone Farm Notes’* for reading. Take a stormy night, with a feeling of security 
for all the human and brute stock—and what more could Dad call for? 
