148 
THE RURAL NEW-YORKER 
February 22, 
TALKS WITH A LAWYER. is owner and the survivor takes the 
Defective Title. 
whole title or estate. If the wife is a 
I have signed a written contract to buy 
a place, and have taken possession; a mort¬ 
gage has been assigned. It now appears 
that the title is defective in that there is 
one conveyance missing. The seller has 
agreed to procure the deed, but cannot do 
it. What should I do? h. G. 
New 1 York. 
You should not take the place unless 
the title is clear, otherwise the real 
owner may eject you. You have a cause 
of action against the seller on his con¬ 
tract to sell. You can recover the differ¬ 
ence between the market value and 
widow she may will it as she wishes. If 
she does not wish it to descend to the 
nearest heirs we advise her to make a 
will, even if she is married. 
Tenant’s Rights. 
I am a tenant on shares, the yearly lease 
expiring next April. The landlord just sold 
the farm. Please state what rights I have 
as to crops sown last Fall; also as to the 
manure on the place. b. m. h. 
New Jersey. 
Growing crops are a part of the realty 
and pass to the purchaser. If your con- 
the purchase price, with allowances for 
your inconveniences. The seller may 
sue any responsible grantor on the cove¬ 
nants in the deeds, as each seller or 
grantor warranted the title at the time 
of the sale. 
Invalidated Insurance. 
My house was vacant for a few weeks, 
then occupied; later it burned. The insur¬ 
ance company refuses to pay on the theory 
that the vacancy without leave relieved 
them of their liability. What should I do? 
New York. h. a. d. 
Insurance is a contract and the policy 
being written contains all of the terms, 
so it will depend on the terms of the pol¬ 
icy as to the vacancy. The courts pre¬ 
sume that each owner reads the condi¬ 
tions and warranties before he procures 
the policy and both are governed by the 
terms. We think that you should take 
the matter to an attorney, for a jury 
would do all they could for the owner. 
Redress for Defective Machine. 
I bought a machine, looking it over, but 
no guarantee was given with it. It does 
not do the work; I cannot use it. What 
can I do? l. f. f. 
New York. 
The law until recently was “caveat 
emptor,” let the buyer beware. But now 
by the good sense of our judges the rule 
is that there is an implied warranty that 
the goods are suitable for the purpose 
intended and free from latent defects. 
This is especially true when it is impos¬ 
sible for the buyer to inspect a thing 
except by use. We think that you have 
a good cause of action against the party 
selling it. If you bought it on a writ¬ 
ten contract the terms of that will pre¬ 
vail. 
tract with the landlord gave you a right 
to gather the crops sown you could look 
to him for the value of it. As you 
could not gather your crop before the 
end of your lease you have no rights as 
to it. As to the manure, the courts hold 
that good husbandry requires that the 
manure produced on a farm shall be used 
there, and not sold from it; that all 
manure is a part of the real property 
and cannot be sold by a tenant. This is 
the rule in absence of contract to the 
contrary, but does not apply to livery or 
boarding stables, where manure may be 
sold by tenant. 
Fences In Pennsylvania. 
Do farmers have to maintain fences to 
turn cattle in this State? f. f. 
Pennsylvania. 
If the land is Improved each owner must 
erect and maintain a sufficient partition 
fence. The town auditors determine what 
fence is a legal one. If the adjoining 
neighbor neglects to build his share you 
may do it and charge it up as a lien on his 
farm. Waste land need not be fenced. 
Liability of Employer. 
I had instructed a boy to use a paddle 
to keep silage cutter clear from clogging. 
He did not watch his work, and when the 
cutter became clogged he used his hand and 
was injured. Am I liable in damages? 
Pennsylvania. Jt s< 
For a party to recover damages he must 
show that you were careless by exposing a 
dangerous part of the machine, or in some 
way did not do all a prudent man should 
to prevent injury. lie must show also that 
he was free from any negligence himself. 
But as the boy knew the dangerous character 
of the work, was bidden to use a paddle, 
yet used his hand, he assumed the risk, and 
cannot look to the owner or employer for 
any measure of damages. It might be urged 
that, it is wrong to allow a bov to work near 
a dangerous cutter, but that view is ex¬ 
treme and impracticable. 
Trimming Division Hedge. 
We use a lopped fence here made of small 
trees bent over. A neighbor, disliking the 
grow’th, is cutting them down to the center 
of the fence. As this will soon destroy the 
whole fence please advise me what to do. 
Long Island. p. g. 
The statutes of New York require 
each owner to maintain suitable division 
fences unless he serves written notice on 
his neighbors that he is willing that Tiis 
land shall be a common. In case of any 
dispute as to erection, repair or loca¬ 
tion of a division fence or injury done 
by reason of insufficient fence the mat¬ 
ter may be referred to two fence view¬ 
ers of the town, who may call in a third. 
They inspect the fences, property dam¬ 
aged, cost of building them, take testi¬ 
mony and file report of their findings, 
which becomes a lien on the property. 
They seem to have extensive jurisdiction 
over all disputes in this line. 
Quality in Interstate Commerce. 
Is there any Federal law establishing 
standards of quality for goods shipped from 
ono State to another? l. b. a. 
Connecticut. 
The Pure Food Act gave to the De¬ 
partment of Agriculture the power to set 
up and define standards, quality and pur¬ 
ity. This is a very comprehensive meas¬ 
ure, but applies only to food stuffs in 
interstate commerce. It is doing vast 
good in pointing out harmful adultera¬ 
tions and injurious mixtures. If the 
several States will apply these standards 
to State trade the public would be ef¬ 
fectually protected from harmful foods. 
Joint Ownership of Property. 
A husband and wife take property in the 
name of each jointly. The wife wishes to 
devise it by will. Can she do it? 
Ohio. M. L. F. 
This is an estate by the entirety; each 
“For the Land’s Sake use Bowker’s 
Fertilizers; they enrich the earth and 
those who till it. Est. 1873. For prices 
or agencies address Bowker, Boston or 
New York.’—Adv. 
BEATS THE 
Grindstone 
TEN TIMES OVER 
No pressure, no drawing- 
temper, if you use the 
Practical 
Alundum 
Grinder 
with wheel revolving <i 
3,000 times a minute. 5 ?I 
Far superior to emery 
or stone. Grinds any 
tool, knife to sickle. 
Different sizes. Foot 
power attachment. 
Write for circular of particu¬ 
lars. Good agents wanted. Address, 
ROYAL MFG. CO., 226 E. Walnut St 
Lancaster, 
IT PAYS TO 
SPRAY 
The Iron Age 4-row Sprayer 
gives perfect satisfaction. Puts solu¬ 
tion just where needed and in fog¬ 
like mist. Pump delivers spray under 
high pressure, thus reaching every 
-* of vine, effectually kill-^^ 
nign pressure, tnusreacn 
part of vine, effectually k 
ing bugsand preventing 
blight. Has Orchard i 
Spraying attach¬ 
ment. Write for 
free Catalog 
illustrating 
Sprayer 
and 
other 
Iron Ago 
Tools. 
A postal brings 
it. Write today. 
r Iron Age 
Four ltow Sprayer 
BATEMAN MFG. CO.,Box 1Q2S,Grenloch, N.J. 
THE 
CYCLONE 
Catalogue, 82 pajjes, 
showing Ornamental 
Fences, Gates, Arches, 
Vines, Trellis, Lawn 
9 Border, etc., will inter¬ 
est you. Write for it today. Address 
The Cyclone Woven Wire Fence Co., Cleveland, Ohio. 
Superior Disc Drills Plant For Profit. 
The Superior Disc Drill is not an experiment, or something new. Thousands of the 
most progressive farmers in every part of the grain-growing world are using Superior 
Grain Drills, not only for sowing Oats. Wheat. Rye. Barley. Rice, etc., but for drilling 
Cow Peas, Beans. Beets, and all other large and small grains. The Superior Drill will 
accurately sow any and ail seeds from tiny grass seeds to large bush lima beans, 
without cracking the seed. 
The Superior Drill is manufactured in all styles and sizes, and we have machines 
that are built especially to meet the conditions that confront the farmers in every 
locality in the grain-raising world. 
We want you to investigate the Superior Drill for yourself as to its choice material, 
strength, simplicity and the work that it has done and will do. We ask you to go to 
your dealer and insist on seeing the Superior Drill before you purchase any Drill. 
Do not be persuaded to buy some other make of Drill that your dealer tells you is 
just as good” as the Superior. There are many imitations on the market, but imi¬ 
tations are never as good as the genuine. 
We sell the Superior Drills under a positive guarantee to be and to do ALL that we 
claim for them. They MUST do ALL we claim. There is no “string” tied to this 
warranty. It means a great deal to a farmer, and shows honest, straighforward 
dealing on our part. 
Here are a Few 
Advantages of the 
“SUPERIOR.” 
The Name Tells 
a True Story. 
1—The Superior Drill will sow any seed from 
the finest grass seed to bush lima beans. 
!4—The Superior will sow any commercial fer¬ 
tilizer. or granular lime, and it willsow it right 
and in any quantity desired. 
3— You can reseed worn-out and run-down 
pastures and meadows with the Superior Disc 
Drill. The Superior puts the grass seed under 
the sod without turning it. The work does 
away with “sod binding/’ You will be abso¬ 
lutely astonished at what can be accomplished 
in old pastures and meadows with a Superior 
Disc Drill. 
4— The Superior Disc Drill deposits the seed 
at the axial center of the discs and plants the 
6eed In an even depth right in the very toe 
of the seed trench, without being mixed with 
the soil. 
A—The Superior is the strongest, most 
simple, lightest draft, best made grain drill In 
the world. 
(>—The Superior Drill sows evenly—every 
feed exactly the same amount. No skipping, 
Our 1908 Catalogue is free for the asking, 
a Postal Card will bring both books. 
no bunching, no choking. Impossible to go 
more than two or three inches without putting 
seen in the ground. You can't tell where you 
stop or where you start in a field after the 
seed comes up. 
~—The Superior Disc Drill will run and do 
good work wherever a disc harrow will run. 
Stalks, mud, pea vines, crab grass, or any other 
trash, has no terrors for a Superior Disc Drill. 
N—Drilled oats and all small grains will 
withstand the drouth, much better than where 
broadcasted. 
9 — You will get a good stand of clover If you 
sow it in the spring at the same time you do 
your oats or wheat, because the young clover 
plants get a good stocky growth at a very crit¬ 
ical time—when they need sun and air. 
10— In winter-wheat sections, the farmer 
can go into liis wheat fields, sow the clover 
seed right down through the grain tubes Into 
the ground and the discs will cultivate the 
wheat. Don’t think this will hurt your wheat. 
It will Increase your crop. 
So is our 1908 Superior Almanac. Your request on 
We also Manufacture Potato Planters, Corn Planters, Corn Drills and Disc narrows. 
Investigate these machines before purchasing. 
TIIE SUPERIOR URIEL CO., Uept. lO, Springfield, Oliio. 
Division The American Seeding-Machine Co., Incorporated. 
9BBSESSEEBZZZ22E1 
IMPORTANT TO FARMERS 
Just wh at you want for sowing bro adcast. Fertilizer, T.irne, etc. 
-'^'TSW—W lllUlllll ' 
Strong and 
well made 
Large 
Capacity 
_ EMPIRE BROADCAST FERTILIZER SOWER 
Write fo r in fo rma tion. 
EMPIRE DIHEIj CO., Sliortsville, N.Y. 
i 
THAT NEVER 
WEAR OUT 
. V • . ;f*'V 
sea Green&Purple Slate Roo! 
absolutely last forever. Being solid rock, they are spark 
and fire-proof. Reduce your insurance rate. Afford pure 
cistern water. Don’t require frequent painting and coat¬ 
ing like metal and composition roofing. Not affected by 
j heat or cold. Suitable for all buildings, new or old. 
L irst cost —only a trifle more than short lived roofings. 
Let us settle your roofing question for all time. Don’t 
f E®D"J'L.g 00 ' 1 money for poor roofing. II WRITE TO 
US AI ONCE for our free book “ROOFS.” It will save 
you money. Give us the name of your local roofer. 
! THE AMERICAN SEA GREEN SLATE CO. Box 10, Granville, N. Y. 
The Celebrated De Loach Mali 
Saw Your Own Lumber' 
For lumber is lumber nowadays, 
’—" and you can do it better than 
the other fellow, with 
Y our hel p._ — 
Ullfeqq 
me 
World’s 
Standard 
for 20 
Years 
we oei me rac 
—Others do th 
Best The 
Can 
. A 15-year-c 
boy can opera 
successful! 
Two hands c 
5.000 feet per du 
15,000 mills in u 
the world ov< 
Variable Feed, B’rictii 
Set Works, Automatic Steel Ti 
plex Dogs and Diamond Track produ 
resnlts impossible with other mills. Send f 
catalog of Saw Mills up to 200 H. P„ Steam Engin 
- _ and Boilers, Gasoline Engines, Portable Corn and Fe< 
Mi 11 tt, 1 laners, Shingle Mills. Wood Saws und Wat 
— . :rom Pt shipment and we pay tiio freight. 
DeLOACU MILD MFG. CO„ Dox 30Ji, iilUDGEPOItT, A Ld 
