1904 
THE RURAL NEW-YORKER 
397 
TALKS WITH A LAWYER. 
Contract with a Telephone Company. 
A certain telegraph and telephone com¬ 
pany purchased the right of way across 
my farm at a stated price per hole, pay¬ 
ing cash on the contract for one hole, 
and agreeing to pay the remainder as 
soon as the survey was made and the 
stakes set. I signed the usual contract 
in such cases, giving them the right to 
set their poles, trim trees, etc., keep same 
in repair. There were no trees, however, 
in the way. They made the survey, set 
the stakes and said they would pay at 
once. For some reason the route was 
changed and several neighbors tJTmilarly 
situated have sold the right of way. The 
company’s agent refuses to return th!e 
contract or pay the remainder. 1. Is not 
this a lien on my farm? 2. Could I give 
a clear title for the land? 3. Should I re¬ 
turn the amount paid in order to have the 
contract returned? 4. Could not the com¬ 
pany be compelled to release the contract 
or to pay the amount agreed upon? 6. 
Does not setting the stakes constitute pos¬ 
session on their part? 6. What would 
you do about it? I. D* 
1. If the instrument you signed 
granted a right of way; yes. 2. Assum¬ 
ing the instrument to be a grant; no. 
3. In order to have the contract re¬ 
scinded you should tender th'e return of 
the amount received by you. 4. Yes. 
5. For your purposes; yes. 6. If we 
were indifferent to the consequences of 
the granting of an easement we should 
simply sue to recover the balance of the 
agreed price. If we desired to rescind 
our grant we should tender back the de¬ 
posit and commence a proceeding with 
that end in view. 
A Mortgage and a Deed. 
A has a large farm over which § has 
two mortgages, one dated about 189d. the 
other about 1901. C buys a portion of 
above farm, for which lie is to pay the 
purchase price to B on said mortgages. To 
make a legal deed, should A and B both 
sign C’s deed? C pays part down and 
give mortgage on place to secure de¬ 
ferred payment. To whom should C give 
mortgage, A or B? R - 
South Carolina/ 
The general rule is that notwithstand¬ 
ing a mortgage is given by the owner 
of the lands, the title remains in the 
owner, subject to the lien of the mort¬ 
gage. A therefore is the person who 
must convey the portion sold to C. B. 
however, must execute to C a release 
of this portion from both the mortgages, 
in order to free it from the lien of the 
mortgages. The mortgage given back 
by C would ordinarily run to A, the 
owner of the fee. A and B could, how¬ 
ever, make any arrangement in that re¬ 
gard they saw fit. All that C need care 
is that he get a proper deed from A 
and a release from B. 
Employer and Hired Man. 
A hires B (married) for eight months at 
a stated price per month, furnishing 
house, firewood for a stove, a pint of milk 
per day. and privilege of keeping chickens 
in a henhouse. B has privilege of house 
for one year. Would this include fire¬ 
wood, no mention being made of anything 
but the house for one year? Is not B sup¬ 
posed to do a fair share of the chores on 
.Sunday unless special mention was made 
at time of hiring, and would A have any 
recourse ilf B refused to do such? B 
claims he can only be compelled to care 
for two horses six days in the week. B 
quits and goes to town whenever fancy 
strikes him without A’s consent, and to 
the damage of A. Must A submit to this 
injustice, the contract being verbal, only 
a memorandum being made by A at tune 
of hiring as to verbal agreement? 
New York. c - 
Whether B is entitled to fire wood for 
the entire year depends upon the agree¬ 
ment itself. It is a question of fact, as 
to what the agreement actually was. 
No doubt B would say one thing, A an¬ 
other. If B was hired to do farm work 
generally, that would include the cus¬ 
tomary care of stock and horses, on 
Sunday, as well as at other times. This 
is usual and necessary farm work, and 
therefore the very thing B was hired 
to do. If B refuses to do it, A is justi¬ 
fied in discharging him. B has no right 
to quit work during usual working 
hours, without A’s consent. Should he 
persist in doing this against A’s orders, 
A has good cause to discharge him. 
EVERYBODY'S CARDEN. 
Picking Stone.—A portion of our 
ground is pretty badly infested with 
small stones. Judging from appear¬ 
ances, the supply has been carefully 
husbanded; for if many have ever been 
picked off, they must have originally 
lain in piles. We are clearing off the 
surface stone, and the job is not so 
laborious as one would think from the 
number on the ground. I have found 
Uiat they can be handled rapidly with 
a six-tine potato fork. The operator 
can work without stooping, and every¬ 
thing in sight can be gathered. Many 
are pressed into the ground nearly out 
of sight, but they too have to move out. 
and all are gathered into piles. Two 
men with six-tine manure forks load 
them on to the wagon rigged with dump 
boards and the stone “do move.” 
Strawberry Planting. —The soil 
conditions are by no means ideal, for 
best results, or hardly medium, but it 
was thought best to make the most of 
existing circumstances and fit two acres 
of ground as well as possible. The sur¬ 
face stone, large and small, have all 
been removed, and well-rotted manure 
is being spread about as thickly as the 
plow will cover. This will be supple¬ 
mented with commercial fertilizer after 
plowing, and with nitrate of soda later 
on, and thorough culture all the time. 
The potato ground will be prepared 
with a special view to follow with 
strawberries next year, and a portion 
of the sweet corn ground will also be 
fitted for that purpose. With a year’s 
work on this ground, we hope to get it 
properly filled with vegetable matter, 
and it will then be in better condition 
than the ground on which iwe shall 
plant this year. 
Renovating The Soil. —A recent bul¬ 
letin from the Department of Agricul¬ 
ture has stirred up no small controversy, 
and the position there taken, if tenable, 
will relieve us all of a heavy burden, 
but the fertilizer manufacturers will 
have to seek other pastures. I believe 
however, that manure hauling and other 
modes of fertilizing will still go on. In 
our own case, we have quitfe a serious 
task in wrestling with run-down soil, 
and are persuaded that something more 
than theory will be required. We have 
plenty of stable manure in sight, but 
the haul is a long one, and the lateness 
of the season makes it unavailable for 
present use. There seems to be no 
other way than to depend upon lime 
and commercial fertilizers for the early 
season, and use stable manure more 
freely later on. We believe that cow 
peas will prove a friend in need, and 
are planning to test their friendship to 
the extent of five acres or more. Tur¬ 
nips are quite useful and grow quickly, 
so we shall broadcast considerable of 
the seed and plow the crop down as soon 
as top growth is sufficient. Many of the 
seedsmen have second-class stock which 
can be bought cheaply, and the seed an¬ 
swers nicely for this purpose. Buck¬ 
wheat is a fair green manure crop, and 
May or early June sowing we think can 
be plowed down early enough to get in 
a late crop of some kind. Summer rye 
is also well thought of for this purpose, 
and we shall devote some ground to 
that, and by testing we may be able to 
judge of its merits. The task of green 
manuring of itself is not difficult; 
but to grow a crop of vegeta¬ 
bles the same season is ian entirely 
different matter. We wish to do this, 
but time alone will tell as to how far 
we succeed. The cow peas will them¬ 
selves require nearly the entire season, 
so that nothing can be expected from 
that ground for the present Summer. 
Turnips ought to make considerable 
growth and still be out of the way for 
some early variety of sweet corn, beans 
and perhaps late cabbage. Buckwheat 
can be followed by a late crop of wax 
beans, turnips or other quick maturing 
crops. The main object is to fill thf 
ground with vegetable matter and after 
that to grow what crops we may be able 
to. .t. e. morse. 
Michigan. 
THOUSANDS HAVE KIDNEY TROUBLE 
AND NEVER SUSPECT IT. 
Mrs. £.Aust/m. 
An interesting letter to our readers 
from Mrs. E. Austin of New York City. 
Brooklyn, N. Y., Nov. 9th, 1902. 
A little over a year ago I was taken with 
severe pains in my kidneys and bladder. 
They continued to give me trouble for over 
two months and I suffered untold misery. 
I became weak, emaciated and very much 
run down. I had great difficulty in retain¬ 
ing my urine, and was obliged to pass wa¬ 
ter very often night and day. After I had 
used a sample bottle of Dr. Kilmer s 
Swamp-Root, which you so kindly sent me 
on my request, I experienced great relief. I 
immediately bought of my druggist two 
large bottles and continued taking it rogu- 
larly. I am pleased to say that Swamp- 
Koot cured me entirely. I can now stand 
on my feet all day without having any bad 
symptoms whatever. You are at liberty to 
use this testimonial letter if you wish. 
Gratefully yours, 
19 Nassau St. 
The mild and prompt effect of Dr. Kil¬ 
mer’s Swamp-Root, the great kidney, 
liver and bladder remedy, is soon real¬ 
ized. It stands the highest for its won¬ 
derful cures of the most distressing 
cases. Recommended and taken by 
physicians, used in hospitals and en¬ 
dorsed by people of prominence every¬ 
where. To prove what Swamp-Root 
will do for you a sample bottle will be 
sent absolutely free, by mail, also a 
book telling all about Swamp-Root and 
its wonderful cures. Address Dr. Kil¬ 
mer & Co., Binghamton, N. Y., and be 
sure to mention reading this generous 
offer in New York City “Rural New 
Yorker.” 
If you are already convinced .that 
Swamp-Root is what you need, you can 
purchase the regular fifty-cent and one- 
dollar size bottles at the drug stores 
everywhere. Don’t make any mistake, 
but remember the name, Swamp-Root, 
Dr. Kilmer’s Swamp-Root, and the ad¬ 
dress, Binghamton, N. Y., on every 
bottle. 
J|u|$i,ooo reward; 
1 for its equal. Wind power I 
doubled.'" Two 14 ft. wheels work on same | 
pinion; second wheel gives more power than 
first. A governor that governs in all winds. 
Develops 10 full h. p. in 25 mile wind. All 
Dower needed for farm .shop machinery, pump- I 
ng, irrigating, etc. for J1.00 a month. Ask 
for Booklet40. Ask about Armsaver Husker. | 
Double Power Mill CO., Appleton, Wla. 
1 " 
ir 
READY 
ROOFING 
Buy of us Direct and 
Save Money. 
Best goods. Our priced 
surprise. Write ns. 
S. K. MCDONOUGH & CO. 
Dept. C., Pittsburgh, Pa. 
Ten_ Days Free . Triax 
allowed on all our bicycles. We SHIP 
ON APPROVAL without « cent 
deposit; any wheel not satisfactory 
returned at our expense. 
Highest grade $0.75 in $17 
1904 Models « *° *» • 
Coaster Brakes, Hedgethorne Punc¬ 
ture proof Tires and best equipment. 
1902 & 1903 Mod- ^ -J CfO 
els, best makes *P * *P * “ 
500 Second-hand Wheels 
All makes & Models ft* 9 , ft* O 
g ood as new *P*3 ip O 
reat Factory Cleariug Sale at 
half Factory Cost. 
RIDER AGENTS WANTED 
in each town to take orders from 
sample wheel furnished by us. Our 
agents make big profits. Write at once for 
catalogues and our Special Offer. 
AUTOMOBILES, TIRES, Sewing Ma¬ 
chines. Sundries, etc., ha If usual prices. 
MEAD CYCLE CO., Dept. 176 C Chicago 
$250 for a Name 
© 
DE LOACH PAT. 
Variable Friction Feed. 
We want a good name fo r 
the most practical, strongest 
and best engine for light 
power purposes ever pro¬ 
duced. This name should ex¬ 
press, as far as possible, the 
many uses to which it can be 
applied. 
OLDS 
GASOLINE 
ENGINES 
We will 
pay for'' 
Ideas 
as f o 1- 
lows: 
For best name, a complete engine; second best, 
$50.00 cash; third best, *25.00 cash; next ten best 
*5.00 each. The average man can get more work 
out of this Olds Engine at less expense than 
out of any other engine made. 
There is no Repair Bill 
because every part does Its work without undue 
wear easily cared for—has fewest parts—solid 
cylinder head no gaskets to burn out—every 
part easy to get at—easy and economical to oper¬ 
ate and keep in working order -consumes less 
gasoline for power given than any o her engine. 
4xC. cylinder -300 to 6‘ 0 revolutions a minute— 
2 to3 horse power, depending on speed. 
Every engine guaranteed for one year. For 
full information send for our catalogue No. 27A, 
mailed free. Write to-day for our special prepaid 
freight offer. 
OLDS GASOLINE ENGINE WORKS, Lansing, Mich. 
For the land’s sake, use Bowker’s Fer¬ 
tilizers. They enrich the earth.— Adr. 
11#n> TREES SUCCEED WHERE 
^ff^Largeit Nur.ery. OTHERS TAIL* 
Fruit Book Free. Re.ult of 78 year.’ experi.nc* 
'STARK BR01, LMlbUaa, M*.; Dansvllle, N.Y 4 Etf 
Galvanized Steel Tanks 
Guaranteed to the user. Built to 
suit your particular needs at re¬ 
markably low prices. Also 
manufacture Corrugated Iron 
and steel roofing, etc. Write for prices to-day. 
GEDGE BROS. IRON ROOFING CO, •< Gedgs St., 'Anderson, Ind. 
f/vtist ma 
Save Power and Repairs. Make Smooth Lumber 
Suited to -I H. P. up—forthefarmei or the lumber man. AlsoShliiKle 
Mills, Lath Mills, liulir MIHh, Planers and Hay PrestteH- Cat. FKKK. 
120 Liberty st DE LOACH MILL MFG. CO. St. 
New York. Box 900, Atlanta, Ga. Louis 
GASOLINE 
ENGINES 
for pumping or commercial pur¬ 
poses, from Ys to 28 horse power. 
Also Steam Boilers and Engines,Saw 
Mills. Feed Mills, Cider Presses and 
supplies. Machinery guaranteed. 
Catalogues free. 
HYDRAULIC PRESS MFG. CO., 
39 Cortlandt St., New York City. 
MONARCH GASOLINE ENGINES 
SOLD ON THEIR MERIT. 
Perfect Working Tractions Portable 7 
Hydraulic Cider Presses, special presses and sup¬ 
plies. Boilers, Engines, Saw Mills, etc. Write for 
catalogue. MONARCH MACHINERY CO., 
39 Cortlandt St., New York. 
Electric Lighting, Ice and Refrigeration 
and Cold Storage Facilities for Creameries, 
Stock Farms 
and Country 
Homes 
BUILT FOR BUSY MEN 
want to get a fence that will stand hard usage 
last. Anchor Fence proves this. Catalogue free, 
fi ANCHOR FENCE & MFG. CO., Cleveland, O. 
-——Fir- 1 
|PAGEj— 
:| 
If You Are Using 
PAGE FENCE, just notice how it does Its work 
PAGE WOVEN WIRE FENCE C0„ Box 63, Adrian, Mich. 
MAY WE SHIP 
rFROST, 
iBEST. 
-( cheapest _ _ _ 
i the Frost Fence, containing more weight, twice 
! strength and three times the wearing qualities of 
1 best woven wire fabric, during the month of May? 
.vi 11 last a lifetime. Send for catalogue. 
LK FROST WIRE 1 ’KNem <jO., Cleveland, Ohio. 
are available when derived from our new combined equipment which does all economically* 
driven by our gas- or gasoline- engine. Write for booklet. 
PENNSYLVANIA IRON WORKS COMPANY 
5001 Lancaster Ave., Philadelphia 
