The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-08-13
THE Law OF rHE FARM.
How to Buy q Farm.


1t is quite generally known that mere
oral bargain for a farm is not binding in
law upon the owner reference to the law,
however, amay not be amiss. See Rev.
Statutes 1876, vol. l., page 504, sec. L. but
it may not be so we'll understood that an
offer to sell farm for q given price, even
though it be by letter, or other simple
writing, may not be binding upon the pro-
poser until it is actually accepted by the
buyer, and he has agreed to take it and
pay the price stated in the offer. There
fore the owner may retract his offer to
sell at any time before it is accepted and
and he is notified thereof. See the case
of Ritenour vs. Mathesr "a Ind, page 279.
And, although in making his offer to sell
he should expressly give you certain
number of daysin which to decide, he may
nevertheless change his mind in the
meantime and sell to another who offers
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 notified the vendor of that fact, and
should 60 to great trouble and expense in
buying stock, tools, agricultural imple-
ments, 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 expense you had thus
incurred. relying upon his keeping his
word. The only safe way in such cases is
to take bond for a deed, as it is called;
an ordinary refusal of property, for
stated time, as it is termed, is a dangerous
thing to rely upon, unless you are dealing
with man whose word is as good as
his bond," and they are scarce. And if
particular time is given in which to accept
an offer to sell, you should be particular to
signify your acceptance strictly within
the time, and to do SO entirely uncon-
ditionally. See case of Dolman vs. Stude-
a man had ten days in which to make up
his mind, and on the night of the last,
about half-past IL 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 suit at law, but
it was decided that he came too late,
on the last day. and he not only lost his
trade but had to pay the costs of his suit
&c Miss. page 309) see also II Kent's Com.
page 629, 18th ed, Parsons on Contracts
vol. l., page 4S2, 9th. ed; Mckay VS..
IdOAldy aQlu IL o1cbkAy.J page OO0
In another case A wrote B he would sell
his farm for So, 900 cash. B wrote back
Immediately he would take it if A. would
make out his deed and send it to a lawyer
for examination, and if all right the lawyer
would pay him his So 200, but it was de-
cided that B had not duly accepted AS
offer, and consequently that he might
Withdraw it (53 Me-, page Sly; see also.
Dolman VS.. Studebaker SO Ind, page 2S6;
Parsons on Contracts. Vol. l., page 476.
9TH ed. But supposing the grantor is
willing to give you a deed, it is not neces-
sary in Indiana that it have the seal ofthe
grantor attached, nor that it should be
witnessed, or acknowledged and recorded.
These last requisites may be necessary to
make the deed valid against the creditors
of the grantor, or anyone who subsequently
bought the farm without knowing of the
prior deed; and they are always so i'm
portant that they should never be neglect
ed and if it should happen that you have
any unrecorded deeds among your papers
have them recorded at once. By attend
ing to this duty forthwith you may save
the costs of law suit See the case of
Dawkins VS.. Kions SO Ind, page 1874; also,
Rev. Statutes, Vol l., page 365, sec. 16,
edition of 1876. Having once obtained a
sufficient deed for the farm, the next
question seems to be; how far the farm
extends, or its proper boundaries.