1911 
16© 
LEGAL MATTERS. 
Woman’s Rights in Property. 
A widow having children, marries again ; 
no children are born to the second mar¬ 
riage Can she by will leave her property 
to her children, and not any to her hus¬ 
band? If not, can she deed it to her chil¬ 
dren? x. Y. z. 
New York. 
She may leave her property to her 
children if she so desires. 
Rights in Water Vein. 
I have a valuable spring, which has 
supplied our premises for GO years. The 
railroad company last Spring drilled a 
well on their land, put in a powerful 
pump and have completely drained our 
spring. Is there anything I can do? 
New York. F. B. 
It is very doubtful if you have a 
cause of action against the railroad com¬ 
pany. While one may not, to the pre¬ 
judice of the rights of another, inter¬ 
fere with a water-course on the surface, 
or one which is known to exist beneath 
the surface, still since the owner of the 
surface has a right to the use and en¬ 
joyment of the land below the surface, 
if in the exercise of his rights, and for 
the purpose of enjoying his premises he 
makes excavations and thus cuts off, 
diverts or destroys the use of an under¬ 
ground spring or unknown channel of 
water, which has had no known or 
definite course, but which in fact has 
been accustomed to make its way 
through the ground and into the land 
of another, he is not liable for the stop¬ 
page or diversion of such flow. Of 
course if your spring was fed by a 
known and well defined water course, 
and the railroad company had put down 
their well and cut this supply of water 
off from your spring you would have 
had a remedy, but if they have simply 
chanced in putting down their well to 
intercept and collect water which was 
accustomed to percolate through their 
soil and reach your ground, we fear 
you have no remedy. 
Farm Tenancy. 
“A” rents a farm to “B” for money rent. 
Agreement specifies all hay, straw, etc., 
Is to be used on premises, except “B” may 
take three loads of hay away on expiration 
of tenancy. What is landlord’s remedy if 
he discovers “B” attempting to remove 
more than three loads, and what is Ills 
remedy if “B” succeeds in removing more 
than three loads before landlord finds it 
out? e. w. 
Ohio. 
A’s remedy would be the right to 
recover from B his damages sustained 
by reason of the fact that the hay and 
straw were not fed upon his farm. The 
hay and straw being B’s property, A 
could not prevent him from doing with 
it what he saw fit; but would be en¬ 
titled to recover damages for the breach 
of contract in not feeding it upon the 
farm as agreed. 
Repairs to Private Road. 
A, B, C, D, R, F and G all live in a cei’- 
taln creek valley and all use the same 
road to the pike This road is not a town¬ 
ship road, therefore all the work that is 
done to keep this road in repair lias to ho 
done free by the parties using same. A 
lives about 200 yards from the pike and 
has kept the road in repair from his house 
to the pike for the i>ast several years, as 
the other parties who use it refuse to help. 
A want a decent road to his house, hut can¬ 
not have it without hauling large quanti¬ 
ties of gravel on to the road which the 
other parties ruin for him in had weather. 
What can A do to make the others do their 
part? F. w. 
Ohio. 
There is nothing that A can do to 
compel others who use a private road 
to help maintain it. His best remedy 
would seem to be to take steps to have 
a township road established. 
Right of Way. 
A owns a farm in New York State. B 
joins A on the west. In order for B to 
get to depot or milk station he lias to go 
three miles around. In crossing A, B will 
cut off two miles distance. If A con¬ 
tinues to let B cross his farm year after 
year can B ever claim right of way? A 
in letting B cross charges nothing and re¬ 
ceives nothing. Would it make any dif¬ 
ference if A should demand a small com¬ 
pensation for the privilege? m. t. 
New York. 
A right of way cannot be acquired 
by permission. So long as A acknowl- 
THE RURAL NEW -YORKER 
edges B’s ownership and gets his right 
from him he cannot acquire any rights 
in the land or in the easement over the 
same. It makes no difference whether 
the permission is given with or without 
price. 
Buying Mortgaged Farm. 
I am about to buy a farm in Vermont 
and the owner will give me a deed of the 
property, but I must give him a bond for 
the deed. Under those conditions what 
rights would I have in the deed and could 
I sell if I wanted to? The farm has a first 
and second mortgage on it. g. m. 
New York. 
If we understand your inquiry, you 
contemplate buying a farm upon which 
there are two mortgages; and part of 
the consideration are to assume, and 
agree to pay the obligations secured by 
these mortgages, at the same time giv¬ 
ing a bond to indemnify your proposed 
grantor against these obligations. If 
this is all the bond provides for, it 
would not affect your rights under the 
deed. 
Business and Speculation. 
My 15-yenr-old boy takes your paper 
and reads it, advertisements and all. I 
particularly call Ills attention to articles 
against speculation, fraud, etc. k. m. s. 
That is one of the best things you can 
do. You. cannot begin too early to show 
the boy the difference between honest, con¬ 
servative business and speculation. 
Steel Wheels 
Steel Gears 
The Modern Wagon 
Why then a wagon of wood? 
You know the advant¬ 
ages steel construction 
has over wooden con¬ 
struction. You wouldn’t 
even think of buying a 
wooden frame cultiva- 
Everyone realizes that the 
Enthusiastic Over Alfalfa. 
Being very enthusiastic about getting a 
piece of Alfalfa started on my little farm 
here, I had about one-half acre plowed last 
Fall, which was in grass, the land being 
what you would term creek bottom land, 
and composed of a light, sandy loam, with 
the water table from four to five feet'be¬ 
low. It is my intention to manure this 
piece with as much cow manure as I can 
spare in the Spring, plowing this under 
deeply; then I shall apply about one ton 
of ground limestone, harrowing this in 
thoroughly. It is also my intention to 
secure about 100 pounds of inoculated soil 
from an old Alfalfa field to top-dress on 
this piece. Would you advise sowing the 
Alfalfa in Spring, or latter part of July? 
Shohola, Pa. o. e. 
R. N.-Y.—That is nearly an ideal prepa¬ 
ration. We should seed late in .Tulv. 
steel wagon will soon be the only wagon used 
The Davenport Roller.Bearing 
Steel Farm Wagon 
Is Built Like a Bridge 
Constructed of I-beams, chan¬ 
nels and angles, solidly riveted 
together with large steel rivets, 
put in hot. The gear parts and 
the wheels are trussed and 
braced like the modern steel 
railway bridge, built for the 
heaviest lifetime service. In 
the Davenport you have a 
wagon of 5000 pounds capac¬ 
ity, stronger and more durable 
and of lighter draft than any 
other wagon of equal capacity. The Modern Bridge. 
The WHEELS of steel, with strong round spokes, forged solidly into the 
hubs and hot riveted into the tires, do away with the resetting of tires, loose 
spokes and cracked felloes. 
Roller-Bearings Reduce the Draft 30% to 50% 
Last a 
Lifetime 
No Repair 
Bills to 
Pay 
The Roller-Bearing. 
You know the difference between dragging a thing and rolling it. Well, the 
Roller-Bearings have this advantage on the Davenport. 
Write us now for more information and why you should buy a Davenport 
when you need a wagon again. The Davenport costs about the same as a 
high grade wooden wagon, and is far better. Be sure and ask for our 
Package No.36. for full information. 
Davenport Wagon Company, Davenport, Iowa 
ii 
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