Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1878-12-25
Legal Rights and Duties Of Farmers.

Legal Rights and Duties OF Farmers.
A LECTURE nEFoRE rnE MASSACHUSETTS STATE BOARD
or AGRICULTURE, on !1E irH INSTANT, BY Hon
E. IL. BENNETT, TAUNTON, MASS
In an article upon the Rights and Duties
Of Farmers we shall naturally be expected
to treat of those rights and duties which
are peculiar to farmers, or rather such as
are peculiarly important to them; and if
you find me unusually dry in my presenta-
ton of it, you will remember that it is an UNI
usually dry subject, though to those pecu-
niarily concerned not wholly devoid of inter
est. And naturally the first inquiry is
now TO BUY A FARM.
1t is quite generally known that a mere
oral bargain for farm is not binding in law
upon the owner, but it may not be so well
understood that an offer to sell farm for a
given price, even though it be by letter, or
other simple writing, may not be binding
upon the proposer until it is actually ac-
cepted by the buyer, and he has also agreed to
take it and pay the price stated in the Offer
Therefore the owner may retract his offer
to sell at any time before it is accepted and
he is notified thereof. And although in
making his offer to sell he should expressly
give you certain number of days in which
to decide, he may nevertheless change his
mind in the meantime and sell to another
who offers a higher price, even before the
given time has expired, and you would have
no legal redress for your disappointment
Nay, more; although you had fully made
up your mind to take the farm, but had not
noticed the vendor of that fact, and should
go to great trouble and expense in buying
stock, TOOLS agricultural implements, ETC., to
carry on the farm, and should even move
your family there to take possession, the
owner might even then refuse to sell, and
you would have no legal remedy either to
compel him to convey, or for the expenses
you had thus incurred, relying upon his
keeping his word. The only safe way in
such cases is to take bond for deed, as it
is called; an ordinary "refusal of prop
erty, for stated time, as it is termed, is
dangerous thing to rely upon, unless you are
dealing with man "whose word is as good
dS ulS DOUu, anu JntN dlC Wei StdlCts anu
if a particular time is given you in which to
accept an offer to sell, you should be partic
ular to signify your acceptance strictly
within the time, and to do so entirely uncon-
ditionally. In one instance man had ten
days in which to make up his mind, and on
the night of the last day, about half-past
eleven at night, he called at the owners
house, after he was abed and asleep, and
said he would take the farm. The owner
refused TO get up or to take the money the
next day, and the buyer tried to get the
farm by a suit at law, but it was decided shat
he came too late, on the last day, and he not
only lost his trade, but had to pay the costs
of his suit (26 Miss, 309). In another case
A wrote to b ne would sell him his farm for
$4,000 cash. B wrote back Immediately he
would take it if A would make out his deed
and send it to lawyer for examination,
and if all right the lawyer would pay him
his $4,000, but it was decided that b had
not duly accepted AS offer, and conse-
quently that he might withdraw it (53 Me-,
BID. But surprising the grantor is willing to
give you deed, it is unnecessary to say that
it must have the seal of the grantor attached,
or it is not sufficient. scroll of the pen or
the letters i. 5. are not sufficient in Massa-
chusetts, as in some other states. 1t may
not be as well understood that it is not
equally necessary that deed should be wit
messed or acknowledged and recorded. These
last requisites may be necessary TO make
the deed valid against the creditors of the
grantor, or any one who subsequently bought
the farm without knowing of the prior deed
and they are always so important they
should never be neglected, and my first adj
vice to you is that if You find any unre-
corded deeds among your papers when you
go home, you attend to that duty forthwith.
Having once obtained a sufficient deed, the
next question seems to be,
HOW FAR THE FARM EXTENDS,
or its proper boundaries. Three circum-
stances have more or less weight in deter
mining this question First, the number of
acres stated in the deed second, the length
OF the boundary lines running around the
farm; third, the area inclosed within the
visible monuments, such as trees, rocks,
stake and stones, described as corners of the
farm. Of these three the last is by far the
most important, and in case of any differ
ence between them controls all the rest. If
the boundary lines are described as be-
ginning at certain stake and stones, thence
to certain tree, thence to particular rock
or stump, and so quite around the farm, the
deed conveys all the land inside of those
monuments although 1t be many more acres
thah tne DEED calls IL, and on the other hand
IL VIII lncinde no more, although the mum
per OF acres stated really requires more land
to satisfy its number. So if the monuments
named are ixed and definite, they control
the length OF the side lines mentioned in the
deed ana II THESE be called one hundred feet
long on every side, but the trees, rocks,
stake and stones described as corners are
oniy ninety feet apart the buyer will ac-
quire lot only ninety feet square, and not
one hundred ieet and RICE versa, II the lines
are described as only ninety feet long, but
the given corners are one hundred feet dis.
tant, the deed covers lot one hundred feet
square Inc quantity OF acres mentioned is
the very weakest means OF knowing the ex
Tent OF the farm, even II the words 81 more OF
less be not used, as Is so commonly done
ana generally speaking deficiency i'll mum
Der oil acres gives the buyer no remedy
against the seller Tor any return OF part OF
.he purchase money unless, perhaps, when
IL was clearly bought at the rate OF so much
per acre. 30 much more important are the
known monuments and boundaries than the
number OF acres stated, that even il the
vendor irauduiently and Intentionally over
STATES lhe quahtity, IN order TO deceive the
purchaser, the latter mas no redress II so be
the other Truly pointed out the boundaries
III making the trade (lDD Mass. D1Il