1906. 
8i3 
TALKS WITH A LAWYER. 
Error in Farm Area. 
A buys a farm from B; farm was adver¬ 
tised in local newspapers to contain 90 acres 
of land. A bought the farm and made a 
verbal contract with B. and when B gave 
and conveyed a warrantee deed the deed 
covered 90 acres of land to be the same 
more or less with the provisions as follows: 
Two acres sold and conveyed to Mr. - 
and 3'/_> acres to Mr. -. and two acres 
to Mr. —-, and 2y, acres cut off by the 
highway, but A did not discover at the time 
the deed was made that there were four 
acres of -land less than he had bought three 
or four mouths afterwards. A looked over 
his deed and subtracted the number of acres 
that had been sold, and found that he had 
(our acres les's than lie had bought. He at 
once told B of it, but B did not want to 
pay back the price paid, which was $31 per 
acre. Can A collect from the amount for 
the four acres short? A bought the farm 
to be 90 acres, the same more or less. 
New York. , o. a. m. 
A deed usually states a definite amount 
as consideration for the land more par- 
t eularly described below. In this descrip¬ 
tion tile boundaries govern and if it is 
complete the words “so many acres more 
or less” arc no part of the description. 
The warrantee is to the title as described, 
and unless there is a special warrantee, 
either in the deed, or on a written mem¬ 
orandum the words “more or less” arc 
taken literally, and the number of acres 
has no exact relation to the price paid. 
This, of course, presupposes that there is 
no fraud. In this particular case there 
seems to have been due notice given of 10 
acres which were reserved from the orig¬ 
inal description. Unless there was a 
special agreement to pay a certain price 
per acre there can be no recovery of 
money paid. This case is a clear illus¬ 
tration of the fact that most of our 
troubles come from a failure to take time 
to understand the particular business in 
hand. 
Title to Entailed Land. 
A, by his last will, devised to B, his son, 
15 acres of land in fee tail; that is, if 
B should die without children, the said land 
was to return to A's family. Later B and 
his wife sold and-conveyed the said land, 
by deed bearing the date of 188(1 for the 
expressed purpose to liar the fee tail, and 
on the same day the land was reconveyed 
to B, who mortgaged the said land, which 
was afterward sold by the Sheriff to pay 
the mortgage. Now, since that time, these 
15 acres of land have been improved and 
sold several times. The present owner, E, 
bought it in 1903, and got a lawyer to 
search the record office. The lawyer said 
that the title to the farm was good and 
clear of all incumbrances. However, since 
that, E is told by certain parties that, at 
B's death.' his children will put up their 
claim to the property. Can they make their 
claim good? What is your opinion of E's 
title to the property? The farm is situated 
in Kent County, Delaware. j. e. c. 
Delaware. 
This question hinges on the exact terms 
of the will. If A’s will gave the property 
to B.for his life, and at his death to his 
children, if any, with the provision that 
in case B left no heirs the property re¬ 
vert to A’s heirs, then B’s interest in 
the land is merely a life lease, with title 
in A’s heirs, reverting to B’s children if 
any appear. B could transfer no more 
title than he possessed, and E’s title com¬ 
ing directly from B would not be good. 
If. however, the will provided that the 
property was- B’s “in case he should die 
leaving children,” B would not be 
obliged to devise to them, and parties 
buying of B would have) a good title, pro¬ 
vided B fulfilled the provisions of the 
will; that is, died leaving children. So 
ipuch depends on the exact wording of a 
written instrument that no opinion is of 
any value without knowing the exact lan¬ 
guage used. 
Contaminated Water Supply. 
My water supply is contaminated by a 
skimming station one-half mile distant. It 
is situated on a small spring brook that 
never fails. It has been there four years, 
and they have washed their tanks, -floors 
and machinery, running the waste through 
a tile ditch into the brook. It looks very 
milky after reaching my farm a half-mile 
distant. It collects along the stream and 
stands in places with a scum on it, and in 
dry weather smells badly. It is my only 
source of water for my horses and stock. I 
have notified them several times and they 
keep putting me off by saying that they will 
(Ulead to It, It has been quite a damage 
THE RURAL NEW-YORKER. 
to me; the horses and cows sometimes 
hesitate about drinking it on account of 
color and smell. I have no money to lose 
lawing a company. I keep on an average 
eight horses and colts and nine or 10 cows, 
and have since the station was built. The 
brook runs through another farm, ray 
brother's, before it reaches me. but he lias 
another spring brook from which he forces 
water to the barn. He does not depend 
entirely on this stream, but wants the water 
pure. Could a supreme writ be put on 
the company so that the cost would come 
almost entirely on them, or couldn't the 
damage be proven enough for that, or could 
the health department be made to take care 
of the difficulty? H. c. b. 
New York. 
If the contamination is sufficient to af¬ 
fect public health the board of health 
should have notivc, and act in the mat¬ 
ter; they have large power in such cases. 
If it is merely a matter of private injury, 
an injunction should be taken out to re¬ 
strain the parties causing the contamina¬ 
tion. This will bring the matter before 
the court, who will determine the extent 
of the damage and the remedy. You can 
scarcely expect to have the nuisance abat¬ 
ed without expense. 
Rights of First and Second Mortgage. 
A sells B a parcel of land, taking B's note 
for tlu> purchase price secured by mortgage 
on said land. B failed to make payment 
when the note matured, and A foreclosed the ; 
mortgage. Previous to the foreclosure B. 
unknown 1o A, gave a second mortgage on 
this land to C. When A foreclosed bis moi l 
gage Ids attorney failed to make C a party 
to the stilt. What right at common law lias 
C in the premises? Can C disposses A. and 
if so will lie not have to pay A the amount of 
A's judgment against B? J. it. 
Massachusetts. 
This is a question involving the most 
important information a land owner can 
possess, and it is one in which it is nec¬ 
essary to know all the facts before a com¬ 
plete answer can be given. Was C’s mort¬ 
gage of record? Were the foreclosure 
proceedings in Chancery and were they 
regular? If so, notice of the commence¬ 
ment was on record, and C had construc¬ 
tive notice of the proceedings. Assum¬ 
ing that the proceedings were regular it 
would be necessary for C to file a bill set¬ 
ting up the facts and praying to be al¬ 
lowed a title to the land after paying A 
the amount of his judgment. This ought 
to he effected without the expense of a 
lawsuit. A proceeding in a court of 
equity, like the foreclosure of a mort¬ 
gage, does not intend to do an injustice to 
anyone, even when they have slept on 
their rights. _ 
CEMENT BENCHES FOR GREEN¬ 
HOUSES. 
Florists are using cement lienches, but 
how extensively I am not fully informed. 
The advantage of cement over wooden 
benches is their durability, which will in the 
long run make their average cost less than 
WOOd. JOHN G. ESI.ER. 
Some years ago, I erected some concrete 
or cement benches as an experiment. I 
put up temporary wooden lienches, using wire 
mesh the full width of the bench, and put 
in two inches of concrete, putting up also 
wooden forms for posts or uprights, and 
running the cement in these forms to sup¬ 
port the bench. We left cracks or openings 
in the concrete for drainage. We used iron 
pipe bearers every four feet, these resting 
on the cement uprights or posts. The 
benches are very substantial and durable, 
lasting for years without needing any re¬ 
pairs. The only trouble is that if great care 
and judgment is not used, the plants stand¬ 
ing on the benches are easily over-watered 
or get boggy, and they are not considered 
as good for planting out stock as are the 
wooden benches or tin* terra cotta or tile 
tables. However, a great many cement or 
concrete benches are now being constructed 
throughout the West, more so than in the 
East. I have just learned of one large range 
of glass, six houses, 500 feet long each, 
having concrete benches. These are con¬ 
structed in much the same manner; tem¬ 
porary wooden forms are put up with a 
false bottom, and light steel frames used. 
Ihe cement or concrete being cast or made 
in slabs or large pieces: three posts are 
constructed of cement, one on the back 
edge, one in front and one in the middle, 
thus making a very substantial construction. 
For ordinary width of table, say three to 
3 1-3 feet. 1 y 2 inch thickness will be plenty, 
but for the wider tables, two inches thick¬ 
ness is preferable. This construction of 
bench need not necessarily interfere with 
any piping underneath the tables. As lumber 
is getting scarcer and higher in price from 
year to year, either concrete or tile and 
other material of light endurance will nec¬ 
essarily have to be used, and no doubt a 
number of varieties of inventions will be 
brought out by the necessity. 
11, A, SlEBUfcCliT, 
: V '> 
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J. STEVENS ARMS AND TOOL CO., 200 Pine Street, Chicopee Falls, Mass., U.S.A. 
M 
ANY claims are made for elevated car¬ 
riers for barn use but the fact re¬ 
mains that more “Drews" are in use 
today than all other makes combined. 
Why,—Mr Farmer? For the simple reason 
that the “Drew” is the best and cheapest car¬ 
rier made. It is the most practical. It is 
the only device that carries its 
load to any desired point, drops 
it, and returns automatically , 
ready to receive another load. 
By its use you not only save 
money, time, work and worry, 
but also health. Its use keeps 
the barn and yard scrupulously 
clean, offering an easy means of 
S reventing the accumulation of 
isease breeding litter. 
It is this feature of cleanliness 
Automatic 
DREW 
Carrier 
But,—litter and manure are only a small ^ 
part of the possible uses to which the Auto¬ 
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It is a valuable and practical conveyor of 
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carrying of Ensilage, Feed, Grain, Potatoes, 
Coal,Boxes,Milk Cans, Vegetables, Water,etc. 
Now, here’s what we will do 
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You can tryit thirty days, and 
if you do not find that it will do 
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rice with 
e paid to 
that makes If you wish, you may deposit the 
the "Drew" so necessary to up-to-date, pro- your own bank, the morfey not to b< 
gressive Dairymen. Used almost everywhere. us until everything is satisfactory. 
WRITE FOR FREE CATALOG TODAY. 
Drew Elevated Carrier Co., 115 Monroe St., Waterloo, 
Branch Office and Warehouse:—Rome, N. Y. 
Wis. 
A Profitable Investment 
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Chicago, 111. 
WILDER'S 
z 1 Self-Adjusting 
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BTANCHION—a firm, safe, 
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It’s made of hard wood, 
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Strong enough for dehorn¬ 
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STANCHION 
The Stoddard Line 
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Vertical or Horizontal 
Mounted or Stationary 
Both Circular and Drag Saw Outfits. Send 
for fiee catalogue E. H. 
Stoddard Mfg. Co., 
Rutland, Vt. 
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