The Osceola times., 1879-01-25
BUYING A FARM.
Valuable suggesuons as "a hs Legal
Trapsf.r. etc.

BUYING A FARM.
Valuable Sugsestions as to its Legal
TrAnsf,r. etc.
Iowa State aesster.
An oral contract for a farm is not
binding in the courts on either party.
Nor is written proposition TO sell bind.
ing until it is accepted, and the proposer
arain agrees to accept it. A man pro-
posing in writing to sell, can retract his
offer any time before it il accepted,
unless he gives in his proposition cer>
tain time for it to be accepted or rejected.
II a proposition TO sell, specifying all
the conditions, is made, and the second
concludes to take it, and proceeds at
great expense to buy stock and imple-
ments to carry on the farm, and should
move his family there to take possession
and close up the bargain by taking deed
and paying the money, If notice of the
acceptance had not been given the owner,
and he had not agreed to the condition of
the acceptance, the purchaser could not
compel conveyance, nor recover dam
ages tor expense and trouble incurred in
going to take possession.
A proposition in writing to cell farm
for certain price means the present
time, and to be binding must be accepted
then. Or, the proposition is sent by
mail, the reply must be returned by due
course of the mails. The proposition
does not mean that he will take that sum
at any future time, unless 80 specially
stated. A deed for land may be very
simple instrument to make it binding,
50 far a. the contracting parties are con
cerned. 1t Is not really necessary that
the deed should be acknowledged or
witnessed, for in cases where such informal
deeds have been made courts have rem
dered DEGREES ordering the specific per-
formance of the contract. But where
creditors or third parties are interested,
such informal deeds would be set aside.
For this purpose all the conditions OF
the laws of the state, and the form Of the
deed, and in signing and acknowledging,
must be strictly complied with
Care should be taken in the descrip-
tion OF the lands sold. More trouble
occurs In this particular than all others.
Ii the land is particularly described by
metes and bounds, and as a certain sub
division OF the government surveys, it il
immaterial about stating the plumber OF
acres. A deed for the farm conveys all
the fences standing on the farm, and all
the building put on by the owner. 1t
also conveys all the boards, rails, posts OF
wire which have been used on the farm
tor fencing 1t, even if they have been
taken down and piled away. But il the
owner had procured new materials 70,
fencing before selling, and said materials
had not been used for that purpose, q
deed for the farm does not convey said
lumber. II tenant occupies a farm,
and by consent of the owner builds ten.
porary houses pens or stables, the deed
will not hold them, but the tenant can
remove them. II the purchaser bought
ignorant Of the facts in the case, he has
his action against the assignor for dam.
ayes. II manure is lying about the
stables, yards, or is hauled out to the
fields for use, the purchaser takes them
with the farm. II, however, the owner
had previously gathered said manure in
close heaps, and had sold it to another
person, it has been held that thus it be.
came personal property, and did not go
with the farm.
1t is generally conceded that growing
crops go with the farm, if not otherwise
specified, and in sales care should be
taken to save trouble. 1t would be well
also to specify when possession of the
farm is to be given, as the purchaser has
q right to the use. rents and profits from
the day of the delivery of the deed, il not
otherwise provided by written contract
such appurtenxnces as window blinds
lightning rods, pumps, sinks, mantel.
III fastened to the house) all go with the
house. Massachusetts, supreme court
has also decided that kettles set in brick
furnaces for cooking food, as well as ket.
ties set in furnaces in cellar, or other
part of the house for washing, rendering
lard, etc, are conveyed by the deed and
cannst be removed. A wind mill for
pumping water for stock either on barn
or tower, and farm bell on house or barn
for calling hands to their meals, are part
OF the farm. And the same state has
also decided that in case a farmer has
ststuary or vases in his yard or lawn,
sitting on the ground by their own
weight, go by the deed to the purchaser
A man sellinga farm has no right after
the deed is made, to remove any rose
bu,hes, shrubbery or other orname ntal
or useiul trees or plants which are set in
the ground. Forest trees blown or cut
down previous to the sale belong to the
farm, but II cut in irewood and piled it
becomes personal property and can be
removed.
All furniture in the house, even if it
is fastened to the wall to steady or to
hang !, up, is generally conceded, does
not belong to the real estate, There have
been frequent conflicts as to library cases,
ss well as well buckets, but these are
determined more by the degree of per-
msnence with which they are attached
TO the premises. There are thousands of
other questions which have been con-
tested IN the courts as to what man
buys with farm, but the foregoing in
cludes the most Common articles which
the farmer needs to know.
A Chinese Military Review.
Cor, Shanghai Courier.