The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1889-02-23

has been an uninterrupted use for
more than seven years. but he must
show that it is not more than fifteen feet
wide. that he has kept it open and in
repair, and that it is the same fifteer
feet originally appropriated.
The Supreme Court of Iowa has de-
cided that water which in food-time
leaves the channel of well-defned
river, and overflows adjoining low
lands, the current of the river WIDEN
ing to the full width of the water. is
not surface water. so as to relieve
railroad company from liability for its
obstruction. The court also held that
the obstruction of the flow of stream,
by which lands are inundated, is a
nuisance, and courts of equity may by
injunction abate or enjoin the same.
The Supreme Court of Georgia has
decided that where planter puts his
cotton into the hands of another per-
son to sell, according to the custom OF
trade, and that person does not account
for the same after selling. the original
owner can not recover from the pur-
chaser, but must look to the authorized
seller for proceeds of the sale. This
decision should teach planters the inn
portance of not parting with their cot
ton without proper security from the
parties acting for them in its sale.
The Supreme Court of North Caro-
lima holds that where person mort
cages land the mortgage becomes en-
titled to the land, and in the absence
of any agreement to the contrary be-
comes entitled to all the crops pro-
duced upon it from year to year until
the mortgage debt is discharged. In an
other case the same court holds that a
mortgage is the owner of the land and
can take possession at any time. One
who deals with the mortgagor in pos
session must take notice of the mort
gage if registered. Where q mort
gagor in possession gives lien on the
crop and the mortgage takes possess
sion, the contract for the lien is gone
And If the mortgagor then becomes
the tenant of the MORTGAGE, who
makes the advances, the lien of the
landlord becomes superior to other
liens.
According to Digest Of Farm Laws,
by Henry Austin. the owner or occu-
pant of land may drive off animals tres
passing upon it and use any reasona-
BILE means for this purpose. He may
drive such animals into the highway.
but II he drives them any further
along the highway than is necessary
to keep them off his land, he is
responsible for any injury thereby
caused to their owner, such as their
loss by straying. The occupant may
turn off in similar manner animals
which are not trespassing. as when
they come upon his land through de-
feet of fences which it was his duty to
maintain. But in such cases, if the
animals are owned by an adjoining
proprietor to whom he owes this duty,
he must drive them upon their owners
premises, and not upon the highway.
under pain of penalty for their loss.
A person may drive trespassing ami
mails off his land by using dog for
the purpose if he exercises care.
For example, where the de-
PENDANT, finding the plaintiffs horse to
have strayed upon the premises. set a
ferocious dog upon it and seriously in
jured it, the defendant was held re-
sponsible for the injuries thus infiict-
ed. In the absence OF statuary enact
ments requiring railroad companies to
fence. the owner of animals is bound
to use ordinary care and diligence for
the purpose of preventing them from
straying upon land properly inclosed,
and if he allows them to wander unat-
tended upon railroad which is sufii-
GENTLY fenced, he is liable for the
damage done to a train which is
thrown off the track by running over
them, unless the railroad is guilty OF
contributory negligence.