The RURAL NEW-YORKER 
419 
Legal Questions 
Land Without Right of Way 
I bought five acres of land from my 
father. This land is cut off from the 
highway by a 40-ft. strip of land belong¬ 
ing to another person. This man refuses 
to sell strip of land. I contemplate build¬ 
ing a home on my property. Can I make 
him give me a right of way? M. w. 
New York. 
You should have made some arrange¬ 
ment for a right of way before purchas¬ 
ing your property. If your father sold 
you a piece of land which did’not adjoin a 
highway, and you can get tO ( the highway 
by going over your father’s land, you 
have a right to do so, for the rule is that 
if one conveys land a right of way over 
his premises will be implied if it is 
strictly necessary in order to obtain ac¬ 
cess to the land conveyed. This is called 
a way of necessity. N. T. 
Widow’s Property Rights 
A man and wife have property jointly 
and the man has about $3,000 in his own 
name. His wife has property of her 
own ; she has no children. The man has 
one son by previous marriage. There is 
no will. Can the wife take the $3,000 
and leave the son without? This is a 
case where the attorney says she can take 
it. a. A. 
New York. 
Property held as joint tenants would 
pass direct to the wife on the death of the 
husband. Personal property would go 
one-third to the widow, in addition to the 
exemptions allowed a widow, and the res¬ 
idue in equal portions, among the chil¬ 
dren. T> 
Right to Destroy Dam 
I bought a strip of land and there is a 
pond on it. This pond is part on my 
land and part on my neighbor’s. This 
neighbor put a dam in, but the outlet is 
on my side. He never had papers or any¬ 
thing' else to show that he put the dam 
in. The owner who had the land when he 
put the dam in died, and the farm was 
sold at sheriff’s sale, I bought the land 
from him. How much right have I or my 
neighbor to tear out the dam? A. s. 
New York. 
We believe that you and your neighbor 
ought to sit down and agree as to whether 
or not you will let the dam stay or go. 
If the -dam is lawfully on your neighbor’s 
land of course you cannot tear it out. for 
if the dam site is his, he might better 
tear down than you. 
A riparian owner may lawfully erect a 
dam across the stream on his own land 
prc ided it does not materially injure 
other owners on the stream. One may 
require a right to maintain a dam, the 
effect of which may be injurious or bur¬ 
densome to others, by prescription extend¬ 
ing over a necessary period of time. One 
whose land is flooded or otherwise injured 
by a dam unlawfully erected or main¬ 
tained may abate the nuisance without 
permission by breaking or pulling down 
the dam. n. t. 
Chattel Mortgage and Bill of Sale 
1. What is the difference between a 
chattel mortgage and a bill of sale? 2. 
How long must either be made before it 
becomes lawful ? 3. Could a husband give 
either on personal property without wife’s 
consent? 4. Could husband be given 
chattel mortgage on household goods with¬ 
out wife’s consent? 5. A farms his fath¬ 
er’s (B) place on shares, both living in 
same house on the farm. R has business 
elsewhere and does no work on farm. In 
case of A’s death, could B step in and 
take or sell personal property for debt 
without consulting A’s wife? 0. What 
share would A’s wife receive at his death, 
there being no children, and he leaving 
no written will ? M. r. 
Ohio. 
1. A chattel mortgage is given for the 
purpose of securing a sum of money due. 
A bill of sale should be given where there 
is an actual transfer of title, based on a 
sale. An actual surrender of the prop¬ 
erty usually follows a bill of sale, where 
with a chattel mortgage the possession is 
retained by the mortgagor. 
2. No facts on which to base an ans¬ 
wer. Either might be good within one 
second after signed. 
3. Yes, if he owns the property. 
4. Depends on the ownership. 
5. The administrator could sell all of 
A’s property for the payment of debt, ex¬ 
cepting such property as is exempt. 
6. If the deceased left a widow and no 
children or legal representative of them, 
one-half of the surplus, after the payment 
of debts, goes to the widow and the other 
half to the next of kin. If there be no 
descendant, parent, brother or sister, 
nephew or niece, the widow takes the 
whole of the surplus, but if there be a 
brother or sister, nephew or nieces, and 
no descendant or parent, the widow takes 
one-half of the surplus and $2,000 in ad¬ 
dition thereto. n. t. 
for Economical Transportation 
Will Your Family Be Happy 
Next Spring? 
A How-priced, modern automobile 
like the Chevrolet has become 
indispensable to the American 
family of ordinary income. With¬ 
out it they are prisoners on limited 
range — like hobbled horses in a 
pasture. 
The inspiring beauties of Nature, 
the interesting and educational 
features of other places and other 
types of people and ways of living 
remain things to be read about, or 
seen dimly in cold photographs, 
until you are free to GO TO THEM 
at your convenience and pleasure. 
Suppose you have definitely de¬ 
cided to buy a Chevrolet next 
Spring. 
T hat does not necessarily mean you 
are going to get it. 
Anyone posted on conditions in 
the automobile business will tell 
you that thousands of families are 
going to be unable to get cars next 
Spring. That has been true almost 
every Spring for the last ten years, 
but the shortage in April, May and 
June, this year, is going to be more 
serious than ever before. 
There are just two ways of making 
sure of getting your Chevrolet for 
use when the flowers and balmy 
breezes of Spring lure you to the 
country roads: 
Buy it NOW, or order it NOW. 
If you do not want to pay for it 
in full at this time, any Chevrolet 
dealer will arrange terms to suit 
your convenience, so you can pay 
as you ride . 
You will be surprised to learn how 
easy it is to pay for a Chevrolet 
and to get possession and use of it. 
The only way to be sure of a 
Chevrolet next Spring is to order 
it NOW. 
Chevrolet 
Motor 
Division 
Company, Detroit, 
of Qeneral Motors Corporation 
Michigan 
Prices f. o. b. Flint , Michigan 
Superior Roadster . $490 Superior Commercial 
Superior Touring . 495 Chassis . ♦ . $395 
Superior Utility Coupe 640 Superior Light Delivery 495 
Superior 4-Pass. Coupe 725 Utility Express Truck 
Superior Sedan . . 795 Chassis ... 550 
Fisher Bodies on all closed models 
Five United States manufacturing plants, seven assembly 
plants and two Canadian plants give Chevrolet the largest 
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make possible our low prices. Dealers and Service Stations 
everywhere. Applications will be considered from high 
grade men only, for territory not adequately covered. 
