VOL. XXII.
INDIANAPOLIS, IND., SATURDAY, MARCH 5,1887.
NO 10
%kxo Qtpixxtmmt.
BY VINSON CARTER, ESQ., THIS OITT.
Is there in Indianapolis an agent to collect estates in Europe? lf so please give
his address. D. C. C.
Nobles ville.
We know of no such agent, lf you have
such an estate to collect you had better
consult some reliable attorney.
The'corporatlon line of the town is the
canter of a town pike, tbe toll gate is within the corporation, the post on which the
pole is fastened is on the opposite side of
the road.
J. ('in the town Board order the pole
moved?
2. Oan the pike company collect toll
while within the corporation limits?
1. No.
2. Yes.
1. If B has a note on a minor, with good
security, and the minor refuses to pay,
can that note be collected from security
by B?
2. We jointly promise to pay to A or
order $100 with interest at six per oent for
value received. B & C.
If B fails can the whole amount De collected from (' by A ? G. W. F.
1. Yes.
2. Yes.
1. A man buys a farm having no outlet
to any public highway. How is he to obtain an outlet?
2 Can he obtain an outlet on a section
line, whii^i would divide his neighbor's
farm? .T. W. J.
Somerset.
The owner of land having no outlet cannot force one, he can only obtain it by
purchasing it on such terms as he can
make with the owner of the land through
which it is necessary to go.
A buys a piece of land at a commissioner's sale. The commissioner Bold it free
of incumbrance. Tbe farm has a tenant
on lt who rented it from one of the heirs
for another year. The tenant has got
wheat sowed on it. Can he hold the corn
ground or not. or can he hold anything?
If he can, can A get damages of the commissioner? A Subscriber.
A cannot get damages from the commissioner who made the sale. If the heir
v^ho made the contract with the tenant for
another year had authority from all the
owners of the land, then the tenant can
hold the farm for another year.
A and B jMn timber lots. A wants to
clear up his lot; B does not, but wants to
pasture his woods lot. There is a tree on
the line with witness mark (supposed to
be) giving B the greater part of tree at the
ground, but the fence shows that A owns
the greater part of stump—the tree leans
heavily to the woods of B. Now who has
the greater claim on the tree? J. M.
New Paris
The line between A's and B's lots extends upward to the sky and downwards
to the center of the earth. All of the tree
that, ln its natural position, is on A's side
of the line belongs to A, and all of It tbat
Is on B's side of the line belongs to B. If
the tree leans to B's side so that most of it
Is on B's side of the line, as it extends upwards towards the sky, then B is entitled
to the greater portion.
If on  the presentation of  a petition to
the county  commissioners, by  the stook
holders of a toll pike company, to free and
repair  or  repair  and   buy    their   road,
lgned by a  number of  the land  owners
long the  line who  signed the  petition,
through and by misrepresentation of the
stock holders, can the county commissioners free the road, when a remOnstranoa
signed by a majority of the land holders
and of owners affected by the taxing for
freeing the same is handed in before or
on the day they advertise to hear testimony on the same? What can be done to
prohibit? A Reader.
The county commissioners have the
power and may purchase the road, notwithstanding the remonstrance of the
land owners.
Pasturing wheat will damage it from 10
to 25 per oent, and in some instances entirely destroy the wheat. Can A pasture
B's wheat in his (A's) oornfield, which B
seeded in wheat, without A's consent?
There being no Bnow on the ground, the
cattle, horses and hogs do not notice the
cornstalks, hence they play fearful havoc
with the wheat. In agreement A is liable
for damages done by his stock, oan B col -
leot damages, and how shall he proceed ?
Can be prohibit A from pasturing: his
wheat? A Reader.
Edgar Co,, 111.
A has no right to pasture the field at a
time when by so doing it will injure the
wheat. B oan collect damages and his
remedy is to sue in some one of the courts
at once.
Please state in your next issue whether
or not trustees of church property have
the right to deed property away, when
the organization is disbanded and the
church gone off the land and there is no
prospect of any church on the ground any
more? Or will it have to go through some
State conference to obtain a deed?
S. J. A.
.The trustees of any church or society
may convey any property belonging to
such ohurch so long as the church continues to exist, but if the church should
be dissolved, then the trustees would no
longer have any authority to act, as there
can be no trustees of a church that no
longer has any existence. In such case
the annual or quarterly conference, or
other ecclesiastical body to which such
church was subordinate, may appoint
trustees to hold or convey the property as
directed by such body.
A dies leaving a widow and one child.
After the widow's second marriage they
inherit real estate from her first husband's
father, which is set off to them by order
of court, and she is appointed guardian
for the child. She has got grant from
court and sold, the child's part.
1. Now can she and her present husband
make a good title to her part of the land,
before the child becomes of age to join in
the deed, Bhe being guardian of the child?
2. Or can they convey the land to the
child and then sell it at a guardian's .sale?
8. If not is there any way they can make
a good deed before the child becomes of
age? Subscbiber.
There is no such thing in law as a widow
inheriting land from her deceased husband's father. The land in such case
would go direct from the grandfather to
the grand child. The husband's father
might, however, devise land to his deceased son's widow by will, and in suoh
case she and her seoond husband may
convey and pass a good title. If the land
came to the widow from her first husband,
there is no way by which she may convey
it during a second marriage, until the
children of the first husband arrive at full
age, and consent to join in the deed.
Whatever interest the minor has in land
may be sold by the guardian under the
order of the court.
I am a member of the Western Wayne
Horticultural Society and am to prepare a
paper on fences and their  relation to law.
1. How to proceed to enforce it, or how
to compel owners of live stock to keep
them off the road.
2. Are we compelled to keep fences alongside public highways when no cattle are
running at large ?
3. If A has a barb wire fence along the
road, or any plaoe, and B's horse ge's In
It by aocident, or anyway, is A liable? If
so is it the same with any fence, or only
with barb wire, or with any other stock
than horses? P F.
Under the law In Indiana no one has a
right to let his stock run at large, but
must keep such stock confined on his own
premises, unless the county commissioners
have made an order allowing stock to run
at large. In counties in which tbe oounty
commissioners have not made such an
order the owner of any stock which mav
enter upon the lands of another Is liable*.
to the owner of the land for all damage
done by such stock, and this Is the case
even lf the land is not enclosed by a lawful fence, or not enclosed by any fence.
In counties where the county commissioners have made an order allowing strck
to run at large, then the owner of the stock
is not liable for damage done by such
stock unless it be shown that the land on
which the damage was done was enclosed
by a lawful fence and that such stock
broke tbrough such lawful fence.
If stock are uot allowed to run at large
by order of the oounty commissioners,
then any person finding any stook running at large may take up and impound
the same. If the owner be known he
must be not] ti ed at once, and if such owner shall immediately take such stock into
his control, he shall pay to the taker-up
$1 50. If such owner does not Immediately take control of such animal the taker -
up shall advertise it and if the owner
afterwards reclaims it he must pay to the
taker-up $3.
There is no criminal liability for allowing stock to run at large, but the only
penalty Is the liability for damage, and
the risk or some one taking up such stock
as above indicated.
A lawful fence is defined to be any
structure in the nature of a fence, used for
the purposes of inclosure which is such as
good husbandmen generally keep, and as
shall on the testimony of skillful men appear to be sufficient. It is provided by
statute that a wire fence is a lawful fence
for fencing a railroad.
If a horse or other animal should accidentally Injure himself against a rail or
plank fence, tbe owner of the fence would
not be liable.
It has never been decided, in this State,
whether injury caused by a barbed wire
fence would make the owner of V a fence
liable for damage, but as the legislature
has provided that such a fence may be
erected by railroad companies in fencing
their roads, we are of the opinion that
such a fence would be a lawful fenoe and
the owner would not be liable for damages
caused by animals running against the
same.
O vvners of land in counties where stook
is not allowed to run at large are not
bound to fenoe their lands, and if tresspassing animals commit damage the owners are liable for the same.
Written for tbe Indian* Farmer.
The Boas Water Trough.
If you will look at it carefully you will
see that it is easily made.
Take a good solid barrel a coal oil barrel is the bast, saw it in two through the
middle, take a piece of scantling 4 Inches
wide and 2 thick; bore a 2 inch hole in the
center, then saw it oh 4 Inches long, trim
the edges to an inch thick and then put
a solid oak pin in 3 or 4 inches long, then
fasten the blocks io the sides of the barrel or to the heads of the trough. Be sure
and put the gudgeons down so that when
the barrel or trough is full of water it
will be easily tipped over.
The beauty of it is in cold weather there
is no Ice In the trough, and in hot weather
you   have no water  left to sour and   give
the trough an unpleasant odor.
The best way to hang the trough Is to
plant your posts solid the proper distance
apart and hang the trough as you would
a grind-stone. Try it, you will be glad
every-time you water your horse.
Wabash. T. K Chart.us.
BOILER EXPLOSIONS.
The National Associations of Stationary
Fagineers at their meeting in September
ordered a pamphlet to be issued to the
American people, In which to present their
objects and purposes. Qae of these objects is to prevent entirely the explosion of
steam boilers. This they believe can be
done, if only competent eugineers are put
in charge of engines. They make this remarkable statement:
- "We have the evidence that our membership, numbering several thousand
operating engineers, does not furnish a
single one chargeable with the explosion
or rupture of a boiler while under steam
pressure. With this fact we couple the
other fact that there are many thousands
employed as operating engineers who are
daily, by their lack of skill, experience,
care, or good habits, killing and maiming
people while disregarding the rules and
appliances that insure the safety of boilers. We require in our membership not
only skill and experience, but good character and decent habits."
Tell your neighbors they can get the
Farmer to end of the year for only 80
cents.