The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1883-02-07
Continued from last week, page SlS.)
FARM LAW.
Address of Hon. Edmund HI. Bennett
OF Taunton, delivered before Ihe
Massachusetts, State Board
of Agriculture. at
bingham, Dec.
4. 1875.


HOW FAR THE FARM EXTENDS.
Or it's proper boundaries. These cir
cumstances have more or less weight
in deter mining this question. 1st,
the number of acres stated in the
deed; I'd, the boundary lines running
around the farm; Sd, the area incIosed
within visible monuments, such as
trees, rocks, stakes and stones, des>
cribed 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 des,
cribed as beginning at certain stake
and stones, thence to certain tree,
thence to a particular rock or stump,
and so quite around the farm, the
deed conveys all the land inside of
these monuments, although it may
be many more acres than the deed
calls it; and on the other hand, it
will include no more, although the
number of acres stated really requires
more land to satisfy its number. So
If the monuments named are fixed
and definite, they control the length
of the side lines mentioned In the
deed, and if these be called 100 feet !.
on every side, but the trees, rocks,
stakes and stones described are only
80 feet apart. the buyer will acquire |
a lot only 90feet square and not 100
ft5E 'triSo sFe sufysO. If the lines. aret
s.s..s Il sss.s 5fS 5 frog, A5dt'
tbe given corners are 100 feet dis
tant; the deed covers a lot 100 teet
square The quantity of acres men-
toned is the very weakest means OF
knowing the extent of the farm, even
If the words "more or less" be not
used, as is so commonly done, and
generally speaking deficiency in
number of acres gives the buyer no
remedy against the seller for any re"
turn OF part OF the purchase money,
unless, perhaps, when it was clearly
bought at the rate OF so much an
acre. So much more important are
so6e known boundaries than the mum.
Der of acres stated, that even it the
vendor traudulently and Intentional
ly overstates the quantity, in order
to deceive the purchaser, the latter
has no redress, if so be the other
truly pointed out the boundaries in
making the trade. Whereas, fraud
ulent statement of the boundaries
would annul the sale, even though
the farm contained as many or even
more acres than the parties called it
IN making the bargain.
If boundry line runs to tree,
rock, stump, or other similar object,
it goes to the center OF the object; IT
it runs by wall or fence, it passes
through the middle of it, and not by
the side, which in "Virginia fence"
might be of some consequence. 80
if the farm bounds by or on brook,
river. stream, etc., it usually extends
to.the middle of the current, not al
ways to the middle OF the aooter, but
to the head of the stream-Gd. .t5Iot''o
oquae 1t there be any islands be-
tween that center line and the bank,
they belong to the owner OF the man
bank. In like manner, it deed is
bounded on mil-pond. reservoir
pond OF any artificial pond through
which percepLible current makes
its way, the farmer ordinarily owns
to the center of the current; on the
other hand, if it be a large natural
pond or lake, the line stops at low
water mark on the shore, ana does
not extend into the pond, the public
having right to such large bodies OF
water as are useful for navigation,
boating, sailing, and the like. AS to
farms bounding on the seashore, some
peculiar provisions as to the extent
ihereoi exists in this State Mass.)
That strip OF land between high
and low water mark. generally term.