i89o 
“Every Man is 'presumed to know the 
Law. Nine-tenths of all Litigation arises 
from Ignorance of Law .” 
TITLE TO LAND BY PRESCRIPTION. 
C. O. S., Morris County, N. J.—l under¬ 
stand that in this State the peaceable pos¬ 
session of property for 21 years and the pay¬ 
ment of taxes thereon make the party in 
possession the owner. There is here, how¬ 
ever, a dispute between A and B, two neigh¬ 
bors, about an old line fence which has 
marked the boundary of two farms for at 
least 50 years. For that time the owners of 
the farms have lived and paid taxes on 
them. A has occasionallygrowlingly claim¬ 
ed that the fence was six feet too far on his 
ground, and consequently that he ow r ned six 
feet of B’s farm; but he has never taken 
any legal measures to enforce his claim. 
Would not the peaceable possession of the 
land for over 21 years and the payment of 
taxes thereon constitute legal possession ? 
A survey could be made, but the place is 
bounded by the center of a road, and there 
is a dispute where the center is. 
Ans. —Land can be acquired by prescrip¬ 
tion only by uninterrupted, open, notor¬ 
ious, peaceable and undisputed possession 
under a claim of ownership. Prescriptive 
rights are strictly construed by the Courts; 
but it seems reasonable to believe that 
should this case ever be brought to trial, 
the Courts would decide against A’s claim. 
Of course, there is always at least a little 
doubt about the final decision in law-suits ; 
but in the present instance the doubt must 
be very small. 
DESCENT OF AN INTESTATE'S ESTATE. 
M. S. H., Forestville , N. Y.—l. A dies 
intestate leaving two children belonging to 
a sister; can this sister’s grandchildren 
claim a share in the estate ? 2. S dies in¬ 
testate. His nearest known relatives are 
the children of a first cousin ; can any rela¬ 
tives farther removed in blood claim a 
share in the estate ? 
Ans. —1. Neither question is very lucid 
and fora full understanding of both further 
particulars are needed. With regard to the 
first, the intestate’s sister’s two children 
would inherit equally their dead mother’s 
share in the intestate’s estate, whatever 
that might be. The children of one or both 
of tfiem would be the grand-children of the 
intestate’s “sister,” and they, in their 
turn, would iuherit equally the share of 
the estate inherited by their respective par¬ 
ents, through their mother, the intestate’s 
sister, provided it had not already been le¬ 
gally disposed of. 2. The laws of New 
York provide that the estate of a deceased 
person shall descend in the following order: 
1. To the descendants. 2. To the father. 
3. To the mother, and, 4, to the collateral 
relatives subject to various conditions. As 
nothing is said with regard to the nature 
of the estate or the manner of its descent or 
as to the possibleother collateral relatives of 
the intestate, prudence suggests that agood 
lawyer to whom full explanations can be 
made, should be consulted with regard to 
the matter. 
LIABILITY OF A DECEDENT’S ESTATE FOR 
SURETY. 
L. M. S., St. Laurence County, N. Y .— 
A, w ho owned a large farm besides oilier 
property, went seiuiity for B and shortly 
afterwards died. What course should his 
executprs take to recall the security given 
to B ? 
Ans. —We know o/ no means by which the 
estate of a deceased surety can be released 
from the obligation. It has be6n held in this 
State that “upon the death of a signer 
of a joint promissory note, who was not 
liable for the debt irrespective of the 
joint obligation, but who signed the note 
simply as surety, his estate is absolutely 
discharged both in law and equity and the 
survivors only are liable.” But even this 
rule nas been changed by section 75b of the 
Code of Civil Procedure, which provides 
that “ the estate of a person or party joint¬ 
ly liable upon a contract with others shall 
not be discharged b} death, and the Court 
may make an order to bring in the proper 
representatives of the decedent, when it is 
necessary to do so, for the proper disposi¬ 
tion oi the matter.” 
A widow’s interest in her husband’s 
PERSONAL PROPERTY IN NEW YORK. 
L. T., Home, N. Y. —A farmer dies leav¬ 
ing a widow. In his will all his personal 
property is left to his daughter. Has the 
widow any legal claim or right in it ? 
THE RURAL NEW-YORKER. 
Ans —In this State a widow is entitled to 
provisions and fuel for herself and minor 
children for ('.() days out of the personal 
property of her deceased husband, and to 
such beds, bedding, furniture and other 
assets as are by law exempted from execu¬ 
tion, in spite of the provisions ot a will dis¬ 
posing of them in any other way. In the 
present case this rule holds good : the re¬ 
mainder of the personal property will go to 
the daughter under the will. 
T. L.. Dutchess County, N. Y. —A man 
buys and pays for a farm, but has the deeds 
made out in his wife’s name. They have 
one son. In the event of her death without 
having made a will, to whom does the farm 
go? Should a married woman having 
property in her name make a will? 
ANS.— If the wife dies intestate the fee of 
the real estate in New York will vest in 
the son ; but the husband will have a life 
use of it, being a “ tmant by courtesy.” 
Every one who has any property should 
make a will, a married woman more than 
any other, as complications are more likely 
to arise with regard to the disposal of 
her property after her death if she dies in¬ 
testate. 
.7. II. T., Saratoga County, N. Y.— In 
an incorporated mutual insurance com¬ 
pany where voting by proxy is prohibited 
in the by-laws, would it be considered vot¬ 
ing by proxy if one person were to cast the 
ballots for all present for election of direc¬ 
tors, if the motion that he should do so had 
been carried in the meeting ? 
ANS.—Yes; but as incident to its exis¬ 
tence, an incorporated association has the 
right to make by-laws provided they do not 
conflict with its charter and the law. It 
can also change or over-ride any of the by¬ 
laws, as they are matters of its own 
creation. 
R. A. C., liuckwalter, Pa — Are farmers 
obliged to keep their cattle, horses, sheep 
ai d hogs inclosed in this State, or are they 
obliged to fence in their crops ? 
Ans.—T o successfully maintain an action 
for damages done by trespassing animals 
in Pennsylvania, a farmer must have a 
sufficient fence ; but if neighboring farmers 
agree not to make any common division 
fence, each is liable to the other for any 
trespass of his stock. 
♦ 
MAGAZINE REVIEWS. 
T HE Century gjves the concluding 
chapters of the “Lincoln History.” 
The pursuit and capture of Jefferson Davis 
are described, and many interesting facts 
and circumstances in connection with the 
end of the rebellion and the disbanding of 
the Union armies are given. The conclud¬ 
ing words are upon Lincoln’s fame, aLd 
tend to show the regard for his uniqre 
character, and great capabilities not only 
in this but in foreign countries, among all 
classes and conditions, aud the affeclit n 
and revereuce shown him have been 
strengthened by the lapse of time. Every 
part of the Great Republic has an equal 
claim and pride iu his character. His 
“blood came from the veins of New Eng¬ 
land emigrants, of Middle State Quakers, if 
Virginia planters, of Kentucky pioneers ; 
he himself was one of the men who grew 
up with the Great West. Every jewel of 
his mind sheds radiance on each portion of 
the Nation. The marvelous symmetry 
aud balance of his intellect and character 
may have owed something to this varied 
environment of his race, aud they may fitly 
typify the variety and solidity of the Re¬ 
public. It may not be unreasonable to 
hope that his fame and his renown may be 
forever a bond of union to the country 
which he loved with an affection so impar¬ 
tial, and served—in life and death—with 
such entire devotion.” In line with part 
of the preceding is given the “Pursuit 
and Capture of Jefferson Davis,” by Ger. 
James Harrison Wilson, Commander of 
the Union Cavalry, aud Wm. P. Stedman 
one of the capturing party. The very in¬ 
teresting autobiography of Joseph Jeffer¬ 
son is conti uued, but it deals largely with 
Edwin Forrest, of whom several engrav¬ 
ings in different characters are given. 
“ Emerson’s Talks with a College Boy ” 
contain much valuable advice, which 
might not come amiss to others besides 
the one to whom they were originally 
given. There are several interesting stories 
which space forbids our noticing. The 
Century Co., New York. 
S T. NICHOLAS gives at some length, 
with numerous illustrations, “ The 
Story of the Great Storm at Samoa,” which 
created such intense interest early last 
spring, and in which 14 vessels were totally 
wrecked, and nearly 150 lives lost. It is a 
thrilling account by an eye-witness of that 
terrible hurricane, and bears testimony to 
the heroism of the native Samoans in 
saving enemies and friends alike ; risking 
their own lives in saving those of the Ger¬ 
mans who had banished their king and 
heaped oppressions upon them to serve their 
own selfish • ends. “May Bartlett’s Step¬ 
mother ” is concluded in this issue. It is a 
beautiful picture of a noble, loving charac- 
acter overcoming willful perverseness and 
unreasonable and unreasoning prejudice. 
Walter Camp continues his foot ball 
papers which will prove both entertaining 
and instructive to those interested in this 
game. “Crowded Out o’ Crofield” is con¬ 
tinued. This story will interest the boys. 
Jack, for wh6m there “ wasn’t any place,” 
again makes a hero of himself. We pre¬ 
dict a successful if not a brilliant future 
for Jack, the blacksmith’s son. “An Ar¬ 
madillo Hunt” describes some exciting 
adventures with this curious animal in 
South America. There are several poetical 
gems, some of them appropriate to the 
month. The Century Co., New York. 
A SPECIAL FEATURE. 
THE WINNER INVESTMENT 00. 
Handles exclusively Kansas City in¬ 
vestments, and does not handle 
Farm Mortgages. 
PAST INVESTMENTS 
through this company ha vp y felled nearly $3.(H)C,0‘ , 0.l)0 
proflis. every dollar of principal and Interest has been 
paid at maturity, and all enterprises undertaken have 
been uniformly successful.. 
PRESENT INVESTMENTS. 
We can demonstrate how to invest money safely to 
realize an income of six, seven, eight and ten per 
cent and profits. In a comparatively short time, of 50 
per cent. HO per cent., and even larger, entirely free 
fri m speculative features. 
F -r full nar'iculars send for circulars, pamphlets 
and papers or call. 
WILLIAM H. PARMENTER, 
Cen’l Aa’t, 50 State Street, Boston; 
Xo. 1 Custom House Street, Providence, R. I.; 
Desk >1. Mercantile Safe Deposit Co., 120 
B’way, Xew York City, every Wednesday. 
CATALOGUES, ETC., RECEIVED. 
I NSECT LIFE.—The December number 
of this magazine, issued by the Depart¬ 
ment of Agriculture, contaius matters of 
interest and value to entomologists. 
National Swine-Breeders.— The pro¬ 
ceedings of the late convention of the 
above-named association are sent by the 
secretary, Philip M. Springer, Springfield, 
Ill. Every owner of a thoroughbred hog 
will find something of interest in this 
pamphlet. 
Missouri State Horticultural So¬ 
ciety.— The 21st annual report of this so¬ 
ciety is sent by Secretary L. A. Goodman. 
This is an excellent collection of horticul¬ 
tural thought, of value East as well as 
West. 
How Bond-holders Legislate Against 
The People. —This is a speech delivered 
by Senator Stewart of Nevada, in the U. S. 
Senate. Senator Stewart is a pronounced 
silver man. Au idea of his views may be 
gained from the last paragraph of his 
speech as follows : 
“ Why should not the debtor resist con¬ 
traction by inflation, if need be, to save 
himself and his amily from robbery, star¬ 
vation, and ruin ? If it is honest for the 
creditor to destroy one-half of the world’s 
money, why should it be dishonest for the 
debtor to double the standard money in 
circulation and relieve his burden ? Let 
the rich and avaricious take warning. They 
had better restore the money of the people 
aud stop agitation, if possible, before it is 
too late.” 
Sherwood Harness.— We desire to call 
the attention, of our readers to the Sher¬ 
wood Steel Harness manufactured by the 
Sherwood Harness Co., Syracuse, N. Y. 
and Kansas City, Mo. We have used this 
harness on our farm in various ways and 
will shortly illustrate it iu our column®. 
In the meantime we can recommend it to 
our readers who desire to purchase such a 
harness. Address the company as above 
and send for their circular. 
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Send for " How to Cure Skin Diseases.” 
A PEOMINENT PHYSICIAN, 
Dr. Edward C. Hughes, of 
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Send for descriptive circular of 
PERFECT AUTOMATIC 
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H. K. STEVENS. Sec 
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EVERGREENS. 
Millions of them. Fifty varieties. 
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THE 
CHICAGO WEEKLY 
TIMES. 
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Subscriptions sent to this office 
will be promptly forwarded. 
For Sample Copies if ree), address the 
I >Ol'LTRY PAPER, t6 pages, 4 months for lOo 
Sample C. C. DkPUY, Syracuse, N. Y 
WEEKLY CHICAGO TIMES, 
Chicago, III. 
