202 
Tf*  RURAL  NEW-YORKER 
February  10,  192.3 
- Are  You  Satisfied 
With  the  Way  Your  Home  is 
Heated? 
You  have  to  be  if  you  have  a  Sterling  because 
you  get  a  double  guarantee  signed  by  both  the 
dealer  and  this  Company  at  the  time  the  furnace 
is  installed.  A  guarantee  that  the  Sterling  put  in 
your  house  will  heat  it  satisfactorily. 
There  are  different  kinds  and  sizes  of  Sterling  Furnaces  (pipe  or 
pipeless)  and  it  is  the  job  of  the  Sterling  Dealer  with  the  help  and 
advice  of  the  factory  engineering  department  to  select  the  right 
style  and  size  to  heat  your  home  properly.  That’s  why  you  get 
the  "Double  Guarantee.” 
For  over  70  years  the  Sill  Stove  Works  have  been  designing 
heaters  and  ranges  to  scientifically  get  every  bit  of  heat  out  of  the 
fuel  and  use  it  to  the  best  advantage.  This  knowledge  they  have 
used  to  great  advantage  in  furnace  construction.  It  is  remarkable 
what  scientific  design  of  Sterling  grates,  fire  box,  combustion 
chamber  and  radiator  can  do  to  reduce  fuel  cost,  and  what  the 
special  Sterling  joints  and  careful  assembling  can  do  to  eliminate 
some  of  the  smaller  nuisances  of  the  cheap  furnace,  such  as  dust 
and  gas. 
In  the  field  of  the  furnace  the  Sterling  stands  just  where  the 
Sterling  Range,  that  bakes  a  barrel  of  flour  with  a  single  hod  of 
coal,  stands  in  regard  to  other  ranges,  pre-eminent  a  leader  in  its 
field.  It  is  built  to  last  a  life  time  and  do  the  same  guaranteed 
satisfactory  work  year  after  year.  If  you  want  to  save  money  in 
the  long  run,  buy  the  right  Sterling  for  your  home. 
SILL  STOVE  WORKS 
Rochester,  N.  Y. 
Ask  your  Sterling  Dealer,  or  if  you  do  not  know  him,  write  us  for 
his  name.  Also  ask  for  the  special  plan  sheet  we  have  prepared. 
So  that  you  can  easily  draw  a  plan  of  your 
house.  This  will  help  us  help  you  to  solve 
your  heating  problem. 
Remember  we  offer  every  Sterling  Dealer 
a  plan  which  enables  him  to  install  your 
furnace  now  and  let  you  pay  at  your  con¬ 
venience  in  the  fall. 
The  Range  that  Bakes  a  barrel  oj 
flour  uiith  a  single  hod  of  eoal, 
Makers  of  Sterling  Ranges  and 
Sterling  Warm  Air  Furnaces 
Sterling 
THE  HOPE  FARM  BOOK 
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For  Sale  by  RURAL  NEW-YORKER 
335  West  30th  Street,  New  York 
Legal  Questions 
Transferred  Mortgage 
Mv  neighbor,  A,  sells  his  farm  to  B,  a 
Western  man,  one-half  cash  paid  down 
and  mortgage  for  balance,  $3,500,  giving 
the  purchaser  a  deed  subject  to  mortgage. 
B  reduces  the  mortgage  to  $2,500.  At 
this  stage  I  bought  the  mortgage  from  A, 
paying  the  face  value  in  cash,  $2,500.  B 
paid  me  the  interest  on  mortgage,  but 
nothing  on  the  principal,  and  finally  sold 
the  farm  on  a  contract  subject  to  my 
mortgage,  to  C,  promising  him  a  deed  as 
soon  as  he  had  paid  up  the  contract. 
After  C  had  paid  two-thirds  of  amount 
due  on  the  contract  he  asked  me  to  pay 
up  the  balance  for  him  and  take  a  deed 
from  B  for  my  security,  saying  that  B 
and  his  wife  wanted  to  go  back  West, 
which  was  true.  To  accommodate,  I  did 
it,  promising  C  that  when  he  had  paid  me 
the  amount  due  on  the  contract  I  would 
deed  the  farm  over  to  him,  subject,  of 
course,  to  my  $2,500  mortgage.  After  C 
had  paid  up  the  contract  I  fulfilled  my 
promise  and  gave  him  warrantee  deed, 
signed  by  self  and  wife.  About  the  time 
of  giving  C  the  deed  (two  years  ago)  he 
was  elected  highway  commissioner;  has 
three  boys  who  work  with  him,  all  at  big 
pay,  besides  the  income  from  the  farm 
(it  is  a  good  one)  and  handles  a  good  in¬ 
come.  I  have  not  been  able  to  squeeze  a 
dollar  out  of  him  to  apply  on  the  prin¬ 
cipal;  although  he  has  paid  me  the  inter¬ 
est  on  my  mortgage,  it  came  slow  and 
hard.  Does  the  fact  that  I  gave  C  war¬ 
rantee  deed,  as  aforesaid,  in  any  way  hin¬ 
der  or  abridge  my  right  to  force  collection 
of  my  mortgage  by  foreclosure  and  sale 
in  case  such  course  should  become  neces- 
stary  to  protect  my  interests?  w.  a. 
New  York.  . 
It  is  a  general  rule  that  the  owner  of 
the  fee  of  real  property  cannot  hold  a 
mortgage  on  his  own  land,  and  that 
where  the  holder  of  the  mortgage  after¬ 
wards  receives  a  deed  of  the  entire  prop¬ 
erty,  that  the  mortgage  is  merged  in  the 
deed.  There  are  certain  cases,  however, 
where  the  mortgage  may  be  kept  alive: 
A  deed  absolute  on  its  face,  though 
given  only  as  security,  is  construed  as  a 
mortgage. 
It  would  seem  from  your  statement  of 
the  facts  that  the  deed  which  you  i*e- 
ceived  was  in  fact  a  mortgage  given  to 
secure  you  for  money  paid,  and  that  be¬ 
ing  true,  that  it  did  not  affect  in  any  way 
the  mortgage  which  you  already  held. 
We  believe  that  your  security  is  good 
and  that  you  can  foreclose  the  mortgage 
i  if  necessary  to  make  collection.  N.  T. 
- 1 - : - 
Separation  from  Wife 
I  have  been  legally  separated  from  my 
wife;  papers  were  drawn  up  by  her  coun¬ 
sel,  with  a  lump  sum,  also  with  all  real 
estate  and  personal  property  that.  I  pos¬ 
sessed  at  time  papers  were  drawn,  to 
maintain  and  educate  two  minor  children, 
ages  15  and  11  years.  Would  said  agree¬ 
ment  hold  in  another  State,  namely,  New 
Jersey?  If  I  should  go  in  partnership 
with  party  named  as  “co-respondent” 
when  separation  papers  were  drawn,  to 
what  extent  could  wife  interfere,  if  at 
all?  How  long  would  I  have  to  be  sepa¬ 
rated  from  my  wife  to  have  same  de¬ 
clared  legally  dead?  Also,  is  it  necessary 
that  I  should  remain  in  same  State  as 
wife?  X.  P. 
New  York. 
•A  separation  agreement  is  of  no  great 
value  to  either  the  husband  or  wife,  ex¬ 
cept  that  .it  provides  for  the  support  of 
|  the  wife,  and  if  the  means  provided  for 
her  are  adequate,  it  will  relieve  the  hus¬ 
band  of  further  support.  This  would  be 
recognized  in  other  States. 
We  do  not  understand  what  you  mean 
about  going  into  partnership  with  the 
party  named  as  “co-respondent,”  if  you 
had  a  separation  agreement  with  your 
wife.  It  is  unusual  to  name  a  co-re¬ 
spondent  in  a  separation  agreement.  If 
vour  were  divorced  from  your  wife  on 
the  grounds  of  adultery  we  would  undei- 
stant  what  you  meant.  In  that  case 
vou  could  not  marry  again  without  per¬ 
mission  of  the  court.  Mere  separation 
from  your  wife  would  not  be  sufficient  to 
declare  her  legally  dead.  x.  x. 
Settlement  of  Estate 
Some  years  ago  my  father  died,  and 
my  mother  ran  the  farm  and  paid  up  the 
debt  on  same.  When  this  was  done,  we 
children  signed  off  everything  to  my 
mother,  so  that  the  deed  w  as  solely  in  her 
name.  Later  when  I  married,  my  hus¬ 
band  and  myself  bought  the  farm  from 
my  mother  on  a  contract.  Since  then 
my  mother  died,  about  IS  months  ago, 
without  a  will,  and  we  have  been  unable 
to  find  any  trace  of  the  deed.  It  has  not 
been  recorded  in  county  clerk's  office,  and 
no  trace  of  it  any  place.  We  do  find  a 
letter  in  which  she  had  written  surro¬ 
gate  about  getting  it  signed  by  the  heirs, 
and  we  all  remember  doing  so.  which  was 
the  time  when  we  uudestood  we  signed  all 
to  her.  But  there  seems  to  be  no  record 
of  the  deed  since  that  time.  Now  we,  the 
heirs,  want  to  get  this  business  settled, 
and  possibly  arranged  so  that  ,  instead  of 
so  many  being  interested,  we  can  get  the 
small  balance  due  on  farm  in  the  one 
mortgage.  How  can  we  get  a  new  deed? 
We  fortunately  have  an  old-time  deed, 
from  which  a  new  deed  was  drawn  four 
years  ago  when  the  farm  changed  hands. 
Would  it  be  all  right  or  legal  for  us  to 
have  a  notary  draw  up  a  new  deed  from 
the  old  one  we  have,  and  have  heirs  sign 
same  and  have  it  recorded?  One  of  the 
heirs  consulted  the  surrogate,  and  he  said 
if  the  heirs  could  all  agree  it  would  not 
be  necessary  for  the  settling  of  the  estate 
to  go  through  the  surrogate’s  hands,  and 
thus  save  this  extra  expense.  We  can  all 
agree  on  a  settlement,  but  what  we  want 
to  know  is,  if  settled  outside  of  surro¬ 
gate,  can  we  get  a  dear  and  free  deed? 
One  of  the  heirs  is  inclined  to  think  that 
unless  we  went  through  this  form  of  law 
there  might  arise  some  trouble  about 
deed,  should  we  sell  the  farm  at  some 
future  time,  when  possibly  some  of  the 
heirs  have  passed  away.  mrs.  c.  c.  s. 
New  York. 
If  there  are  no  debts  which  your  moth¬ 
er  owed  that  are  left  unpaid,  there  is  no 
reason  why  all  the  heirs  could  not  unite 
in  a  deed  and  give  good  title  to  the  prop¬ 
erty  in  question.  We  would  not  advise 
you  to  go  to  a  notary  to  have  the  deed 
drawn.  It  will  not  cost  you  any  more  to 
go  to  a  lawyer.  The  oply  requirements 
for  a  person  to  become  a  notary  public 
are  that  he  or  she  be  of  good  moral  char¬ 
acter,  a  citizen  of  the  United  States  and 
more  than  21  years  of  age.  You  will  ob¬ 
serve  that  it  does  not  follow  that  because 
a  person  is  a  notary  public  he  or  she  un¬ 
derstands  the  drawing  of  legal  papers. 
N.  T. 
“Tenant’s  Rights”  on  Farm 
October  1  we  bought  a  farm  which  was 
being  worked  by  a  tenant,  A,  who  bought 
a  farm  and  moved  from  this  place  last 
August,  leaving  his  son-in-law,  B,  in 
charge.  November  1  A  moved  his  cattle 
(six  cows)  to  his  new  farm,  leaving  one 
team  of  horses  only.  When  II  heard  that 
the  farm  was  on  the  market  he  was  plowT- 
ing  for  Winter  wheat,  and  immediately 
stopped  work.  Our  agrement  was  the 
regular  form,  stating  that  we  were  to  re¬ 
ceive  "half  the  crops  now  on  the  place,” 
and  also  “subject  to  tenant’s  rights.” 
When  we  bought  the  place  the  owner  took 
us  to  the  barn  and  said,  “There  was  con¬ 
siderable  hay  here  when  the  present  ten¬ 
ant  came;  you  get  that,  and  also  half  of 
what  was  harvested.”  A  claims  that 
when  he  came  on  the  place  he  brought 
and  used  two  tons  of  hay  before  the  crop 
was  harvested,  and  says  the  owner  gave 
him  the  privilege  of  taking  it  away  when 
his  year  was  up,  and  he  says  he  is  going 
to  move  the  two  tons  (which  is  all  there 
is  in  the  barn)  of  hay,  regardless  of  our 
rights.  He  also  states  that  the  former 
owner  did  not  pay  for  the  grain  seed, 
but  fold  him  it  was  our  place  to  pay  for 
same,  as  we  got  “half  the  crops.”  Are 
we  supposed  to  pay  for  the  grain  seed 
when  our  agreement  reads  “Free  from  all 
encumbrances”?  B  is  still  living  on  the 
farm,  and  intends  to  until  April  1, 
but  is  working  in  the  village  two  miles 
away.  Is  this  right?  Will  you  let  me 
know  what  “tenants’  rights”  mean,  con¬ 
sidering  that  there  is  no  written  agree¬ 
ment  drawn  up  and  the  owner  and  tenant 
disagree?  R.  x.  p. 
'We  do  not  know  what  “tenants’  rights” 
are,  and  we  cannot  understand  why  you 
would  buy  property  subject  to  “tenants’ 
rights”  without  having  it  specified  clearly 
as  to  what  those  rights  were.  He  might 
have  a  right  to  stay  there  20  years.  We 
do  not  see  how,  on  any  theory,  he  could 
make  you  pay  for  the  seed",  and  this  much 
we  would  advise  you  to  refuse  to  do. 
X.  x. 
Interest  in  Partnership  Deed 
Three  partners  bought  a  $20,000  farm. 
A  invested  $3,000.  and  B  invested  $3,000; 
C  invested  $500.  C  was  taken  in  with 
small  capital  because  he  was  thoroughly 
experienced,  while  the  others  had  no  ex¬ 
perience.  Now  $5,500  cash  was  paid 
down.  We  paid  $1,000  on  the  mortgages, 
and  taxes  are  paid  up,  as  well  as  interest 
and  insurance.  O  wants  to  withdraw 
from  partnership,  and  wants  to  know 
what  interest  he  has;  that  is.  what  is  his 
share  in  the  farm.  C  being  single,  wants 
to  sign  over  his  share  of  the  business  to 
his  father,  who  is  in  New  York.  Will 
his  father  be  bound  by  the  same  partner- 
.ship  agreement  as  his  son  who  signed  it? 
C.  seeing  that  this  proposition  does  not 
pay  him.  leaves  the  business  and  goes  ro 
work  elsewhere.  His  partners  do  nor 
want  to  pay  him  out  his  share,  and  he 
leaves  the  place.  Can  his  partners  -ell 
the  place  without  his  signature,  when  lie 
holds  a  deed?  Is  C  under  obligation  :o 
help  his  partners  pay  the  mortgages,  in¬ 
terest  and  taxes?  h.  k. 
New  York. 
In  the  absence  of  a  stipulation  in  the 
deed  describing  the  particular  interest  of 
each  partner,  the  record  title  must  show 
that  A.  B  and  C  are  tenants  in  common 
of  the  property.  If  C  deeds  his  interest 
to  his  farher  he  will  have  to  give  it  sub¬ 
ject  to  the  mortgage  on  the  property,  and 
the'  father  would  be  liable  with  the  other 
partners  on  the  mortgage.  A  and  B  can¬ 
not  sell  the  property  and  give  a  good  title 
without  the  signature  of  C.  C  is  liable 
for  his  <-hare  of  the  mortgage,  taxes,  in¬ 
terest  and  insurance.  X.  x. 
