The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1889-02-07

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 tifteeu
feet originally appropriated.
The Supreme Court of Iowa has de.
cided that water which in food-tima
leaves the channel OF weIl-dehnea
river, and overhows adjoining low
lands, the current of the river widen-
ing to the full width of the water, Ia.
not surface water, so as to relieve a.
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 q
nuisance, and courts of equity may by
injunction abate or enjoin the same.
The Supreme Court of Georgia has
decided that where a 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 tEsa
parties acting for them in its SALE
The Supreme Court of North Caro-
} lima holds that where a person mort
cages land the mortgagee 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 q
; mortgage is the owner of the land and
t 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 q lien on the
5 crop and the mortgage takes posses
sion, the contract for the lien is gone.
And if the mortgagor then becomes
) the tenant of the mortgages, who
/: makes the advances, the lien Of the
: landlord becomes superior to other.
t liens.
S According to Digest of Farm Laws,
l by Henry Austin, the owner or oCcu~
e pant of land may drive off animals tres
: passing upon it and use any reasons
a BILE means for this purpose. He may
s drive such animals into the highway,
j but if he drives them any further
# along the highway than is necessary
: to keep them off his land he is
9 responsible for any injury thereby
It caused to their owner, such as their
loss by straying. The occupant may
y turn off in similar manner animals
u which are not trespassing as when
Q they come upon his land through de.
II feet of fences which it was his duty to
81 maintain. But in such cases, If The
n animals are owned by an adjoining
u proprietor to whom he owes this duty
he must drive them upon their owner
, premises, and not upon the highway
under pain of penalty for their loss
o A person may drive trespassing ami
IL mails off his land by using dog 70
le the purpose if he exercises care
u For example, where the de
p fendant, finding the plaintiffs horse t
II have strayed upon the premises, set 9
20 ferocious dog upon it and seriously in
Is jured it. the defendant was held re
le sponsible for the injuries thus innict
% ed In the absence of statuary enact
n ments requiring railroad companies
u fence, the owner of animals is boun
to use ordinary care and diligence e
T. the purpose of preventing them froE
oI straying upon land properly inclosec
o and if he allows them TO wander unai
a tended upon a railroad which is sun
at GENTLY fenced, he is liable for Il
iy damage done to a train which
J. thrown off the track by running owe
be them, unless the railroad is guilty
az contributory negligence.