1910. 
THhC RURAL NEW-YORKER 
106 
CROWDED FRUIT TREES. 
One of our Delaware readers says on 
December 5, 1908, about 150 apple trees 
and 75 Kieffer pear trees were set out. All 
are about 20 x 20 feet. He has come to 
believe they are too close. Which would 
you advise, let them grow as they are, keep 
well trimmed and fertilized, or should he 
change them? 
Twenty feet is all right for the Kief- 
fcrs, but if the apples are on good soil 
and are of the sturdier varieties I 
should most certainly change them to 40 
feet, and then put one in each diagonal 
cross as a filler, which can be removed 
when necessity demands it. If -on poor 
sandy soil or the trees are of the less 
sturdy varieties perhaps it would be bet¬ 
ter to leave them alone. 
F. C. BANCROFT. 
The Kieffers will be all right at dis¬ 
tance named, 20 x 20 feet. The apples 
should be 40 x 40 feet when in full bear¬ 
ing. He might let them all stand for a 
few years, or until the branches nearly 
meet, and then cut or dig out alternate 
trees. Or, he might dig and transplant 
alternate apple trees to a new location, 
thus doubling the size of his permanent 
apple orchard. Transplanting might be 
done at any favorable time between now 
and first of April. e. g. Packard. 
Let the pear trees remain as they 
are, as they will do very well at that 
distance, but the apple trees I would 
replant, as early in the Spring as con¬ 
ditions will permit, setting not less than 
30 feet apart each way, and 30 x 36 
would be better, as it will give more 
room for spraying as the trees get older. 
I have a young orchard seven years old, 
set 20 feet one way, and even now some 
of the limbs are almost together. Under 
no conditions think of putting in another 
variety of apples as a filler. That plan 
is a delusion and a snare. Peaches, how¬ 
ever, may be used with satisfactory re¬ 
sults. CHAS. BARKER. 
Delaware. 
I made this mistake in planting an 
apple and Kieffer pear orchard the 
same way. When the trees were three 
years old I saw that I had made a mis¬ 
take. I dug up the apple trees and put 
in Kieffer pear trees. This was over 20 
years ago. I have lived to know I did 
not make a mistake in taking out those 
apple trees. This orchard was planted 
trees 24 feet apart, every other tree an 
apple and pear. I found when the trees 
were three years old the apple were 
outgrowing the pear trees. I was not 
long making up my mind what to do 
with those apple trees, and did it. This 
pear orchard has been bearing for at 
least 18 years, except the trees planted 
where the apple trees were. These trees 
have averaged as high as 20 ^-bushel 
baskets to the tree, and sold at various 
prices; as high as $1 per basket the first 
few years of their life, to as low as 10 
cents per basket later on. The past year 
this orchard had a fair crop that sold 
at railroad station for 25 cents per 54- 
bushel basket. If the above orchard was 
mine I would eliminate those apple trees, 
put pear trees in their place, and put 
out the apple trees by themselves. I 
would not be without the apple orchard, 
as Delaware is making great strides in 
that direction; that is, in growing ap- | 
pies on a large and commercial scale. 
I here is no end to land that will grow 
apples in Delaware, not only grow them, 
but will produce large and profitable 
crops to the grower if properly taken 
care of. james t. shallcross. 
LEGAL MATTERS. 
A Draining Dispute. 
A anil R own adjoining farms, over which 
the former owners built a tile drain through 
1< s land to creek. This drain had to be re¬ 
paired, and B demands that A pay for it, 
"bile A claims that each shall pay for his 
Part. Who is right? k. w. 
New York. 
1 lie law as to surface waters is lax and 
does not encourage farm drainage, 
often impossible to secure adequate 
rMnoP *. Uu l ds i where the lower ownc 
t' v w,v - ,le JP- Here each must pa 
iL repairs of his own drain, or A can 
\ 
- 
the land of B to open and repair drain. 
The fence viewers are empowered to super¬ 
vise the drainage of lands arising from dis¬ 
putes, or where the lower owner declines 
to complete the ditch. If our legislators 
and judges knew the value of correct drain¬ 
age the laws would be more favorable. 
Rights of Landlords and Tenants. 
1 rented my farm to a tenant, the lease 
containing this clause: ‘‘Said tenant to 
cultivate said land properly. Said tenant 
agrees to furnish all labor and shall have 
the privilege of using the farm implements, 
also the horses necessary to do the work on 
said farm. The landlord reserves the right 
to use the same at any time when not in¬ 
terfering with the farm work.” Has the 
tenant the right to use the horses for his 
social or other personal matters without my 
consent? H. f. 
New York. 
The tenant leases the farm with certain 
privileges, the landlord permits the tenant 
to use the horses for farm purposes only, j 
The landlord reserves the right to use them | 
except while actually engaged in farm work. 
The landlord may forbid the use of the 
horses except for farm purposes, or he may 
recover for any damages sustained. The 
tenant has only such rights as to the use of 
the equipment as is conferred by the lease. 
All farm leases should he drawn in clear, 
general terms and if possible make incen¬ 
tives for the tenant to work wisely and to 
protect the interests of the owner. The 
owner should have in mind the sharing of 
profits, the care and growth of live stock 
and improvement of the place. If the profit 
of the tenant depends on the care and im¬ 
provement of the place tenant farming 
would not be classed as injurious. 
Assignment of Property. 
A assigned certain real property to B in 
1862. In 1876 A conveyed the same prop¬ 
erty to C by warranty deed. In 1883 C con¬ 
veyed by warranty deed the same property 
to I). Who owns the property? Is the claim 
of B outlawed? a. W. 
New York. 
The public records show the owner of the 
property and the condition of the title. An 
“assignment” of real property is a deed, so 
that A conveyed to B his ownership in the 
property in 1862. If this conveyance is on 
record it is proof that B took title in 1862. 
The conveyance of A to C in 1876 of the 
same property is of no value as the property 
has been conveyed already. If C received 
no interest then he could not convey an 
interest to D. We think that an" ex¬ 
amination of the title will disclose other 
facts. It may be that A conveyed to 
B a minor estate or Interest; later deeded 
full title to C. Many people may have an 
interest in the same property. An interest 
in real property does not outlaw if recorded. 
All owners should have a search of the title 
which should be kept with the deed. 
Estate of Intestate Wife. 
It was agreed by a husband that in case 
he survived his wife he would divide 
her property among her brothers and sisters. 
She died childless, but the husband ne¬ 
glected "to execute the wife’s request. The 
husband lias since married and is now dead. 
Can relatives of the first wife recover any 
of (his property? s. l. j. 
Ohio. 
The relatives of the first wife should col¬ 
lect what evidence they can and demand 
that they receive what property the first 
wife left. If the surviving widow declines 
to honor the wish of the first wife the next 
of kin, a brother, should take out letters of 
administration, and demand that her prop¬ 
erty be distributed according to law. You 
will have great difficulty proving this agree¬ 
ment, which is more of a moral dutv than a 
legal obligation. The theory of the law is 
that people shall make formal wills rather 
than to rely on the uncertainty of human 
memory or family ties. 
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62 Gormley St. 
^FOREST. OHIO 
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Seed Sowers’ .Manual tells how to save seed and 
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Concrete 
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Buildings 
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