Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1915-12-14
SHALL ] GO TO LAW7
The Wrong Answer 10 Sure to Bring
You Sorrow and Expense.

The Wrong Answer is Sure to Bring
You Sorrow and Expense.
]. L. Sherard in Farm and Fireside.
In southern state there lived two
farmers, who, for convenience, shall
be termed A and B. Their farms ad-
Joined, being divided along a por-
ton Of the line Of creek. 1t became
advisable, for the better protection Of
the bottom lands, to straighten the
zigzag course Of the stream at one
point by cutting a short ditch. This
was done by mutual agreement and
the boundary line re-established sat
isfactorily to both parties. Later on
A died, and his small farm came into
possession Of C.
For some reason C became dis
satisfied over the line and, after hav-
ing made an investigation Of the mat
ter concluded that B had encroached
little upon him at the bend Of the
old creek bed, and thereupon he be-
gan an action in court to oust B from
the disputed strip Of land and to re-
cover damages for alleged trespass.
The Church Suffered from the Suit.
A long, tedious and acrimonious
suit followed in the courts, though the
land in dispute was only thirtieth
Of an acre and at a maximum valu-
alton was worth Just about one dol
lar!
The case was fought by able at
torneys on both sides, twice went to
the supreme court on technical points
Of law, and at last, from sheer weari-
ness Of the contending parties, was
compromised out Of court some three
years after the suit was started.
In the final agreement, made inde-
pendently Of q court decision, be it
remembered, each party assumed the
payment Of his own costs and reached
q mutual understanding as to the dis
position Of the small strip Of land.
The heavy expense Of litigation wore
the case to shreds before the courts
could shake off more technical issues
that caused prolonged delay and de-
eide 1t on It's merits.
The total costs, including attorneys
fees, amounted to about fifteen hun
dred dollars. %
Both parties to the action came out
Of it almost bankrupt, and with a
breach of friendship that no earthly
power could heal. Previous to the
bringing Of this case in a court Of
law, attempt was made to settle 1t by
arbitration.
It was most unfortunately lugged
into the community church, where a
sharp division arose over the claims
and merits Of the respective parties,
and for a long time the petty enmi-
ties provoked by partisan discussion
and opinion enveloped the humble
house Of worship like black and
threatening cloud from the bottle OF
some fabled genius.
Even II You Win, "Lawin'" 10 Costly.
This was an extreme case, 1t Is true.
But the legal annals OF every state
can match 1t in some form or degree.
Had the parties to this action only
been willing to meet each other In
spirit Of genuine friendship, with a
sincere mutual desire to determine
the ownership Of the little strip of
earth on terms Of neighborly interest,
the dispute could have been settled in
ten minutes. AS 1t was, they failed to
get together and an expensive lawsuit
was the result.
After it was all over, both parties
were doubtless satisfied" to the ex-
treme limit Of 'lawin'."
What a frightful waste-on one
side Of the human ledger one dollars
worth Of land, on the other fifteen
hundred dollars in costs besides the
more valuable loss Of friendship and
the disruption of a community!
The office Of a lawyer Is to see that
justice is done and to discourage, not
encourage, litigations. Sometimes the
lawyer is too much inclined to yield
to his clients wishes and brings a
case in court that ought never to have
passed beyond the power Of the par
ties themselves to settle.
But, after all, the blame for foolish
and unwise cases in court rests not
so much upon the lawyer as it does
on the client, who, hot-headed and
bent on getting satisfaction at any
price, plunges headlong into a legal
fight without for a moment reckoning
the cost.
Conditions on the farm give rise to
many possible sources Of dispute be-
tween neighbor and neighbor. 1t may
be a trespassing cow that lays the
foundation for a heated complaint, or
the antics of a vicious bull, or the
prowlings Of worthless hound, or a
flood that in an hour changes the
channel Of a tiny stream.
Finally It Becomes Mania.
The chain Of trouble-breeding incl
dents that might occur at any time Is
almost endless
If friction over alleged wrongs hap
pens to arise, the first wrong step Is
to try to arbitrate the matter; the
second, and usually the limit in human
folly, is to go to law about it.
The desire to win under modern con-
ditions Of life, is about as keenly de-
veloped as the instructive law Of self
preservation.
When a normal man goes into fight,
he bends every ounce Of Drawn and
employees every resource Of wit and
strategy to come out ahead Of his
antagonist. Just here lies the danger
of falling a victim to the lawsuit
mania.
The sensible thing for the level
headed man to do when trouble ap-
pears is to go to his neighbor and
meet him upon terms Of mutual in
terest.