THIS UtUK.A.L> NEW-YOKKER 
675 
Legal Questions 
Tenant on Shares. 
I give away, on shares, 12 acres of land 
for corn. Between this land lies a small 
pear orchard. This party takes the lib¬ 
erty of pasturing his cows on it, and he 
ties them to a tree, so you can imagine 
what happens to the bark. I have told 
him he should not pasture there, and he 
says he has the right to do so, as long as 
he works the land. I did not give him 
any rights whatsoever. I am not living 
on the place, but I am there every week. 
I notice that he is always ready for an 
argument, and he has help with him in 
case of same. There are no possibilities 
for me to remove his cattle. What can 
I do? lie says he is the boss of the piece 
of land until the crop is there. Can I 
apply to the sheriff, and have his stock 
locked up for the damage that is done on 
the place, and what action shall I take to 
prevent their being on my premises only 
when the corn needs attendance? Shall I 
apply to the sheriff for assistance in re¬ 
moving them? I supply half of the fer¬ 
tilizer. L. P. 
New York. 
It is probable that you did not “give 
away” the 12 acres, but rented or leased 
it for half the proceeds. Whether or not 
he has a right to pasture the cow there 
depends, of course, upon your understand¬ 
ing with him. Probably there was no 
written agreement and oral understand¬ 
ings are very frequently the cause of mis¬ 
understandings. If the pear orchard is 
not included in the 12 acres, he probably 
has no right to pasturage. He surely has 
not if nothing was said about it. A right 
to grow corn does not include a right to 
pasturage. In any event, he certainly has 
no right to injure the trees. For this you 
may sue and recover damage. From your 
account, you are apt to be “done” even 
out of your share of the corn finally un¬ 
less you take some steps to protect your 
interests. lie may come on the place 
whenever he thinks the corn needs atten¬ 
tion, but so far as the grazing cow is con¬ 
cerned, he is a trespasser, and you may 
remove the cow, taking whatever steps 
you may deem necessary for that pur¬ 
pose. even to calling on the sheriff. Under 
all the circumstances it may be well to 
notify him that you will hold him liable 
for the damage done by the cow, and then 
wait and see if he evenly divides the corn. 
If not, join both causes in an action for 
damages. 
Chattel Mortgage. 
A trades a horse with B for a cow, 
paying some boot, later finding out that C 
claims he had a mortgage on cow, some of 
which remains unpaid, said cow being one 
of a herd of cows mortgaged to the same 
party (C). Now C has been after A 
quite a few times to find out what he is 
going to do about settling amount due on 
cow A traded, with understanding that 
cow was straight in every way and not 
knowing the cow was mortgaged. A paid 
part of boot, but refused to pay balance 
until he gets a clear title to cow, trade 
being made six months ago. A would like 
to know if he has the right to sell the 
cow, as he is getting tired of waiting to 
have the affair settled, and if he is 
obliged to pay the balance of boot seeing 
the cow was mortgaged property and not 
found out by A till after trade was made. 
New Hampshire. j. F. Q. 
If C 1 properly filed his mortgage in the 
office of the town clerk, it was notice to 
everybody, including yourself, of his 
rights in the cow, and if you sell it you 
should sell it subject to the mortgage and 
make everything clear to the buyer. B 
should not have sold the cow to A with¬ 
out saying anything about the mortgage 
and lie is liable to A for whatever dam¬ 
age A is occasioned because of it. B is 
the one who should straighten this out 
immediately. If he does not A should not 
pay balance of boot, but should make the 
best terms possible with C and then pro¬ 
ceed against B. 
Damage by Dogs. 
Can you tell of a method of getting rid 
of our neighbors’ dogs? They roam all 
over the country, harming other dogs. 
Only yesterday these two dogs, while 
passing by, fell on our bulldog and killed 
him. They very often run all over our 
lawns and shrubs. As these dogs are very 
vicious, and are owned by wealthy people 
in a sheep-raising district, how can I get 
revenge by not harming myself? This is 
not the first time they chewed up our dog. 
M'e have two r.iore, but do not wish to 
lose them in the same wav. c. m. 
New York. 
There is no old reliable method of get¬ 
ting rid of neighbors’ dogs. If there were 
we would have almost a dogless country. 
And you do not want revenge so much as 
you do protection and satisfaction. Re¬ 
venge without harming oneself is hard to 
get. If you know the owner of the dogs 
which killed yours, you can sue him for 
the value of your dog, and also for any 
other damage the dogs may have done 
your shrubbery or other things while on 
your property. If they have injured, 
chased or worried any sheep or Angora 
goats, and the owner has been notified, he 
must kill his dog within 48 hours after 
such notice, or subject himself to penal¬ 
ties Or if a dog attack any person, or 
lus horse or team, or any domestic ani¬ 
mal in charge of such person while peace¬ 
ably traveling on a highway, and such 
person complains to a justice of the 
peace, he may, if after investigation he 
finds the dog to be dangerous, order the 
owner to kill him immediately, under pen¬ 
alty if he does not. You may, of course, 
always use whatever force is necessary to 
put a trespassing dog off your property, 
but have not the right, generally, to kill 
him if you find him doing damage. 
Warranty Deed ; Payment of Mortgage. 
1. What is the value of a “warrantee 
deed” in New York State? 2. In New 
York State, when A holds mortgage on 
property of B, does A have to give B 30 
days' written notice of desire to have 
mortgage paid? If no such notice is 
given, will mortgage legally hold for one 
year more or for renewal of its whole 
original three-year term? j. s. B. 
New York. 
1. The value of a warranty deed is 
really the value or worth of the person 
who signs the deed. He warrants the 
title to the property described in the deed 
free from flaw. The trouble with your 
deed was that it did not correctly de¬ 
scribe the property you contracted for. 
Whatever description it contained the 
warrantor was found to defend. If the 
property was correctly described in your 
contract and then a wrong description 
was contained in your deed, the selling 
company was bound to fulfill their con¬ 
tract and make it right. By waiting a 
year it may be said that A waived his 
right and accepted the description as it 
was in the deed. 
2. A has to give no notice whatever un¬ 
less it is so specified in the mortgage. In 
most farm mortgages it is not expected 
that they will be paid at the due date 
named in the mortgage, but they run on 
from year to year under the same terms 
of the mortgage. Under the circum¬ 
stances, it is no more than right if A 
wants the mortgage paid to notify B a 
reasonable time in advance so that he 
will have time to get the money else¬ 
where. 
Phosphoric Acid in Human Diet. 
I have been much interested in read¬ 
ing the recent article concerning the ne¬ 
cessity of phosphoric acid in the food of 
both plants and animals. You tell how to 
give it to both, but you don’t tell how 
io give it to “humans.” Neither dried 
blood nor ground bone would be available 
for them. Will you kindly tell us what 
we must eat to get the proper amount of 
phosphoric acid? v. E. K. 
Mexico, N. Y. 
Scientists undoubtedly know much 
about the nutritive processes of the hu¬ 
man body, but there is so much that they 
don’t know that one who attempts to 
regulate his diet according to a chemical 
schedule will be as likely to suffer from 
an ill-balanced ration as to gain by a 
properly balanced one. We know that 
the body needs phosphorus, but the ma¬ 
jority of well-fed people in this country 
who have a varied diet and an ample sup¬ 
ply of food do not need to worry lest 
they are not getting enough of this ele¬ 
ment in their daily ration. If they im¬ 
agine that they are not, and go to "living 
on turnips and fish, they may possibly 
increase the amount of phosphoric acid 
i i their bodies only to choke on a fish 
bone or die from indigestion. In cer¬ 
tain diseases from malnutrition, it is ne¬ 
cessary to prescribe an increased amount 
of some food element that is lacking, but 
in the ordinarily varied diet of a healthy 
person, particularly if it includes a gen¬ 
erous supply of ice cream, all needed ele¬ 
ments will be found in proper quantity, 
and nature may be trusted to sort out 
those which she wants and apply them 
in their proper places. Fish are sup¬ 
posed to supply the needed phosphorus 
to build up the brain, but most of us 
Could eat a whale without our neighbors 
noticing any particular increase in our 
intellectual ability and we will probably 
do well to continue to eat simple, well- 
cooked food, varied in character and in 
an amount suited to the work that we 
are doing; this, ordinarily, means about 
half what we do eat. m. b. d. 
Sutton Beauty Appi.es. —Glad you 
are getting right on the Sutton Beauty 
apple; it comes pretty near being an an¬ 
nual bearer, although rather of a bluf¬ 
fer, as it makes a big show on the trees, 
bigger than it does in the barrel, but 
when you get it there it is a good keepe* 
and of finer quality than the Baldwin, 
1 it- J. II. IIALE. 
^ Painting a Roof. —On page 715 “C. 
E.” asks about painting a roof. If the 
roof is covered with wood shingles, tell 
him not to do it, or he will ruin his roof. 
The reason is obvious, as the part of the 
shingle under the lap becomes saturated 
when it rains, and has no chance to dry 
out, as that part is covered and sur¬ 
rounded by the painted parts, and soon 
becomes rotten, thus shortening the life 
of the roof. If “C. E.” wants a good job 
let him dip his shingles before laying, 
using a thin paint or a good creosote 
stain. r. l. ii. 
A $500,000 Gift 
To Users of Fortified Tires 
This is an actual gift, as these facts show: 
Nobody asked for better tires than Goodyear 
built last year. Nobody thought them possible. 
They were so extra-good that for years they’ve 
outsold any other tire. 
And this year—on February 1st—we gave 
you another big price reduction. It will save 
Goodyear users about $5,000,000 this year. 
It was our third reduction in two years, totaling 
45 per cent. 
This Year’s Extras 
Yet, despite this reduction, we have added 
new improvements which will cost us $500,- 
000 this year. Part are in extra rubber—all 
in extra wear. 
We have added these extras to the best 
tires built. To tires that dominate because 
of super-service. And 
we’ve done it at a time 
when price reductions have 
led toconsiderableskimping. 
Total, $1,635,000 
All the extras we give 
you in Goodyear tires will 
cost us $1,635,000 this 
year, judged by current output. These in¬ 
clude five features which no other maker 
uses. It includes other uncommon features. 
We could omit all these, yet build a tire 
which looks about like Goodyears. It would 
serve as well as many rival tires. Thus we 
could add to this year’s profits $1,635,000. 
Tires Not Alike 
It’s a vast mistake to think that tires are 
pretty near alike. Five of the greatest features 
known are found in Fortified Tires alone. And 
many a tire lacks all the extras that we cite. 
These extras combat rim-cutting, blowouts, 
loose treads. They combat punctures and 
skidding. They mean a secure tire. They 
mean more rubber, more fabric than some. 
They mean more mileage, 
less trouble, less expense. 
\Vi 2 rt. pay the price to 
give you these extras, and 
save it by mammoth out¬ 
put. You should insist on 
them. Any dealer, if you 
ask him, will supply you 
Goodyear tires. 
(jOODa ^ year 
AKRON, OHIO 
Fortified Tires 
l Rim-Cuts —by our No-Rim-Cut feature. 
F Cf A 1 Blowouts— by our “On-Air” cure, 
fortified J Loose Treads —by many rubber rivets. 
Against J Insecurity —by 126 braided piano wires. 
| Punctures and Skidding —byourdouble- 
' thick All-Weather tread. 
THE GOODYEAR TIRE & RUBBER CO., AKRON, OHIO 
Makers of Goodyear “Tire Saver’* Accessories; also Goodyear “Wing” Carriage Tires and other Types 
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