The RURAL NEW-YORKER 
723 
Legal Questions 
Defective Land Title 
I bought a small place of six acres, 
part cash and the rest on mortgage, the 
seller holding the mortgage. After I 
bought the place I found that the man 
and woman selling it are not legally mar¬ 
ried; just living together; the man has 
a wife and children still living in Austria, 
but the woman signed herself the seller’s 
wife on the deed. Could the legal wife 
claim the property in case of the man’s 
death, or at any time should she come to 
this country? Would you advise me in 
this matter? w. F. s. 
New Jersey. 
W. F. S. has purchased the six acres of 
land he speaks of subject to the dower 
right of the husband’s wife from whom 
he bought the property. In case the hus¬ 
band should predecease the wife, she 
would have a one-third life interest in the 
property in question, and the rest would 
go to the children, even though some 
woman joined in the deed. If this wom¬ 
an was not his legal wife, the defect is 
not cured by her signing as such. It is 
always incumbent upon the purchaser to 
determine if a husband and wife are 
legally married when taking title to prop¬ 
erty. Y. 
Value of Right to Set Electric Light 
Poles 
The electric light company wishes to 
put poles and high tension wires carrying 
30,000 volts across my land and through 
my pine grove. Everyone objects, as they 
say it will spoil our land. They wish to 
take 60 ft. wide, cutting down about SO 
pines from 6 to 12 in. in diameter, and 
put three poles up, and offer $80 for the 
right of way. Of course I can have the 
pines, but it is where I wish to put some 
Summer camps. They were going to go 
further up in the pasture and run across 
my mowing fields, and were going to give 
me $00 for that, and no pines to be cut, 
but the richer people would not let them 
go across. They say that they can go 
across and we cannot stop them; also, 
they want to pay when the line is all 
done; also claim that there is no danger; 
that the cows could feed there for paying 
taxes. I would like to know my rights on 
the subject; also what you think would 
be a fair price for the right of way, in¬ 
cluding cutting of pines. R. J. s. 
New Hampshire. 
Some of your neighbors who are famil¬ 
iar with the value of property in your 
locality could give you a better estimate 
of the value of a right of way such as 
you describe. If the electric light com¬ 
pany has a franchise they can procure a 
right of way by condemnation proceed¬ 
ings, but would have to pay what such a 
right of way was reasonably worth, after 
it had been appraised by appraisers 
chosen for that purpose. It would be 
good judgment for you to get your pay 
before you permit them to go across. 
N. T. 
Responsibility for Mortgage 
A farm was appraised three years ago 
and again last Summer for $20,000 
(forced sale price $18,000) by Federal 
Farm Land bank appraisers. Loan of 
$10,000 was approved. Owner got $5,500 
loan three years ago. Few improvements 
were made. Loan was probably used for 
owner’s personal debts, car, etc. Farm 
was sold last year. New owner tried to 
obtain $3,500 on the $4,500 still loanable 
of the $10,000 approved loan for improve¬ 
ments, stock, tools and to pay $1,000 sec¬ 
ond mortgage; obtained but $2,000, with 
which he paid off $1,000 second mort¬ 
gage, put on lot of necessary improve¬ 
ments but through lack of sufficient 
stock on farm cannot make it a profitable 
proposition. (Present owner is a hard¬ 
working, ambitious young man.) If pres¬ 
ent owner cannot meet a payment and 
lets farm go at a forced sale, and this 
farm is sold at less than the amount of 
mortgage ($7,500), which party would 
be “holding” for the difference? All 
taxes, interest and bills paid except semi- 
yearly payment. Owner gave a bond at 
time of purchase, assuming mortgage. 
Bank appraisal is also signed and sealed. 
If Land bank forced sale of farm at less 
than price of mortgage, which party 
would be held responsible for difference? 
(There is no sale for farms, as one real 
estate dealer put it, “you can’t give away 
a farm now.” In any case the new own¬ 
er would lose around $10,000 difference 
between mortgage price and $18,000 ap¬ 
praised forced sale price would it be law¬ 
ful to sell farm at so much below its 
recognized value? M. M. 
We assume that the mortgage on the 
property will be foreclosed, and all the 
persons interested brought in as parties 
defendant. The person signing the bond 
would be liable for a deficiency judgment 
in case the property does not sell for 
enough to pay the amount of the mort¬ 
gage. If the property was taken subject 
to a bond and mortgage and the last 
owner assumed and agreed to pay the 
bond and mortgage he would also be 
liable for deficiency judgment. • N. T. 
the 
doctor 
Tim# 
think the 
Fisk Red-Top 
is the only 
tire on the 
market for 
country use 
THE FARRELL HOIST 
7 r *j> 
FOR UNLOADING HAY WITH CAS 
ENGINE HAS QUICK RETURN 
DRUM AN6 BAND BRAKE. BOTH 
DRUMS OPERATED FROM LOAD 
\ BY ONE ROPE. SEND FOR CIRCU- 
\ 0k 
LARS. 
% JOHN FARRELL t SON 
NEWTON. SUSSEX CO. N.J. 
L mmr" 
Peach Tree Borers Killed by Krystal Gas 
(P-C Benzene) 1-lb. $1; five pound tin, $3.75; with direc¬ 
tions. From your dealer; post paid direct; or C. O. D. 
Dept.B, HOME PRODUCTS Inc. Rahway,N.J. 
FULL UNC OF BOX AND POWER PRESSES 
WKITI rotl DOCAIPTTYY CAIAXOC8I AMS mCO 
J. A. SPENCER IOT. AM MACH/WORKS 
iwr m. 
COMPOUND ETHICUS POWDER 
INDIGESTION 
Quickly relievos pain, stomach 
gases, chronic constipation. 
Jar — 16 doses — 50 cents 
By mail 
Ethicus Laboratories N.w.lork d city 
DWIGHT 1JLUMH9. 
40 
Healthy foliage and large, sound 
fruit make money for you-while 
vineyards attacked by Leaf Hopper are 
often a dead loss. This pest not only 
causes injured leaves and low-grade fruit, 
but spreads Black Rot. Fight Leaf Hop¬ 
per and similar soft-bodied insects with ‘‘Black 
Leaf 40,” the economical nicotine spray. 
Recommended by Experiment Stations and Ag¬ 
ricultural Colleges. Spray singly or in com¬ 
bination with Bordeaux and save labor. 
Ask your Dealer lor “Black Leaf 40** 
and for new leaflets. Or write 
ray 
TOBACCO BY-PRODUCTS & CHEMICALCORP. 
Incorporated 
LOUISVILLE. KY. 
Better Crops From 
The One Horse Farm 
The small farm is just the place where compact 
and efficient work will be done by the 
CJl&jriftL One Horse 
Disk Harrows 
Market gardeners, truckmen, florists and others 
will obtain greater yields and bigger profits from 
the use of these light draft 1-horse harrows. 
In several styles and types; one at least, just 
what you need. Disks are forged sharp — dust- 
proof oil soaked hardwood bearings. 
Send for book “The Soil and Its Tillage”— 
and our new catalogue; also names of nearest 
dealers. 
FARM PROFIT LEAKS 
may be stopped by practical 
co-operation. The new book : 
“Organized Co-operation” 
by John J. Dillon tells how. 
Price, One Dollar. For sale by 
RURAL NEW-YORKER 
333 West 30th Street New York 
