The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1879-01-23
BUYING A Farm.
Valuable sugsesiiOus as to its Legal
Transfer. etc.

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
ieain agrees to accept it. A msn pro
DOSING in writing to sell, can retract bis
Jfer any time before it IL accepted,
unless he gives in his proposition a GER
tain time for it to be accepted or rejected:
II proposition 10 sell, specifying all
he conditions, is made, and the second
concludes to take it, and prOct eds at
great expense to buy stock and nipple
ments 20 carry on the farm, and should
move his family there to take procession
and close up the bargain by taking de Cd
and paying the money, if notice OF the
acceptance had not been given the owner,
and he hsd not agreed to the condition Of
the acceptance, the purchaser could not
compel conveyance, nor recover DAM
h IS for exrense and trouble incurred IN
going to take possession.
A proposition IL writing to sell farm
FOR certain price means the present
time, and to be binding must be accep,ed
then. Or, i the proposition IS sent by
mail, the reply must be returned by Iue
courfe of the mails. The proposition
does not mean that he will take that sum
st sny future time, unless so specially
stated. 4 deed for land may be very
simple instrument to make it binding,
So fer a. the contracting parties are con
ce. ned It is not really necessary that
the deed should be acknowledged or
witnessed, for in cases where such informal
deeds hove been made courts have rem
dered DEGREES ordering the specific per
torrance of the contract. But where
creditors or third parties are interested,
such informal deeds would be set aside.
For this purpose ali the conditions OF
the laws of the state, and the form ot tie
| deed, snd in signing and acknowledging,
must be strictly complied with
| Care should be taken N the descrp-
| ton of the lands sold. More trouble
occurs in this part 'cu!ar than all Others.
! II the land is particularly described by
metes and bounds, and as certain sub
division of the government surveys, 1t Is
! immaterisl about stating the number OF
acres. 4 deed for the farm conveys all
the fences standing on the farm, and al
the building put on by the owner. 1t
sIsn CONVEYS al the boards, rails, posts or
wire which have been used on the farm
for fencing it, even if they have been
taken down and piled away. Buff tie
owner had procured new materials 10,
fencing before selling, and said materials
had not been used for that purpose, 4
deed Tor the farm does not convey said
lumber. II tenant occupies a tarm
and by consent Of the OwBe- builds tnm
LOrary houses. pens or stables, the deed
win not hold them, but the tenant cSI
remove them II the purchaser t)ugh'
ignorant # the facts in the c3's, he ha'
his action against the assienOr for dam
ages. IT manure ia lying about tine
stables. yards, or is hauled out 10 the
fields for use, the purchaser takes them
with the farm. IT, however, the owner
had previously gathered said manure IL
close heaps, and had sold it to another
persOn. it has been held that tCUs il be
came personal property, and did not &C
with the farm.
1t Is generally conceded that grOwinl
crops 60 with the farm, if not otherwise
specified, and in sales care should bt
taken to save trouble. It would be wei
also to specify when possession of the
farm is to be given, as the purchaser ha'
a right to the use. rents and profits from
the day of the delivery of the deed, ii no
otherwise provided by written contract
Such appurtenaDces as window blinds
lightning rods, pumTs, sinks, mantel
(if fastened to the hOuse) all go with tn
house. Massachusetts supreme cour
Z L., oTn Z. hot bot Ice in, nl
furnaces for cooking food, as well as ket
ties set in furnsoes in cellar, or Othe
part OF the house for washing, Tenderin!
lard, etc, are conveyed by the deed snC
cannet be removed. 4 wind mill TO
pumping water for stock either on barr
or tower, and farm bell on house or bon
tor calling bands to their meals, are par
OF the farm. And the same state ha
also decided that in case q farmer ha
statuary or vases in his yard or lawn
sitting on the ground by their owl
weight, go by the deed to the purchaser
A man selling farm has no right ate
the deed is made, 10 remove any rOet
bu.hes, shrubbery or other ornamental
or useiul trees or plants which are set IL
the ground. Forest trees blown or cut
down previous to the sale belong to tht
farm, but if cut in frewood and piled il
becomes personal property and can b
removed.
All furniture in the house, even if i
is fastened to the wall to steady or Il
hang it up. is generally conceded, doe
not belong to the real estate, There hav'
been frequent conflicts as to library cases
as we'll as well buckets, but these ar
determined more by the degree of per
mauence with which they are attached
to the premises. There are thousands o
OF Ter questions which have been con
te ted Ia the courts as to Whist MAJ
buys with farm, but the foregoing in
} cludes the most common articles VIII ci
the farmer needs to know.