The Law of the Farm: A Treatise on the Leading Titles of the Law Involved in Farming Business and Litigation

Front Cover
S. Whitney, 1876 - Farm law - 520 pages

From inside the book

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Levy of execution on growing crops
24
Distinction between fructus naturales and fructus industriales
25
Exemption of growing crops from seizure
26
Construction of statutes exempting growing crops
27
Waiver of exemption of growing crops from seizure
28
Chattel mortgages on growing crops
29
Disposal of crops before they are raised
30
When anticipated crops may be mortgaged
31
Notice of chattel mortgage on crops
32
Relation of homestead exemption to growing crops
33
Statute of Frauds as to growing crops
34
Ownership of crop dependent upon title to land
35
General propositions as to disposal of crops
36
Prima vestura and annual crops
37
CHAPTER IV
43
Title to manure as between executor and heir
44
Title to manure on sale of farm
45
Title to manure as between landlord and tenant
46
Usage as to ownership of manure
47
Exceptions to general rules as to ownership of manure
48
The right to collect seaweed for manure
49
CHAPTER V
57
State laws as to injury by fire
58
59 A trespasser responsible for damage by fire
59
Liability of hunters or travelers for damage by fire
60
Damage by fire from steamthresher
61
Negligence in use of steamthresher
62
Duty of proprietor of steamthresher to use appliances to prevent escape of sparks
63
Owner of steamthresher not an insurer
64
Fires caused by locomotives commonlaw rule
65
Rule in America as to fires by sparks from locomotives
66
Statute as to fires from locomotives
67
State laws as to fires from locomotives in America
68
Value of commonlaw rule as to fires from locomotives
69
Burden of proof of negligence when fire occurs from locomotive
70
Duty of railroad corporation to guard against fire
71
Care required to prevent escape of fire from locomotive
72
Duty of railroad company to extinguish fires caused by locomotives
73
Proximate and remote damage by fire from locomotive
74
Liability of railroad companies for damage by spread of fire
75
Duty of farmer to guard his crops against fire from locomotive
76
Farmers not bound to guard against fire
77
Liability of railway for injury to animals
78
Contributory negligence by owner of animals
79
The owner of animals must take due care of them
80
Damage by locomotives to animals running at large
81
Collision with livestock where the railway company has right of
82
Contract to fence by railroad company with landowner
83
Responsibility of railroad companies to the public
84
Burden of proof of negligence when animals are injured by locomotives
85
First duty of railway companies to guard their trains
86
Railway companies may regulate speed of trains
87
Laws as to collision with animals are not for the benefit alone of
88
owner of livestock 89 The duty of railway companies as to gates and other openings in fences 90 Reasonable diligence only required in keeping gat...
90
General rules in sales of animals
103
Sales made by minors
104
Sales made by married women
105
Sales made by insane persons and idiots
106
107 Contracts made by drunkards
107
Mutual assent of parties to a sale
108
Taking animals on trial
109
Fraud vitiates all contracts
110
Misrepresentations of material facts destroy the contract
111
112 Concealment of material facts
112
Part III
113
Mistakes as to material facts in sale of animals
114
Let the buyer beware
115
Contract of warranty in sale of animals
116
Warranty of title by sale of animals
117
Warranty may be made any time before sale
118
Espress warranty
119
Warranty to be made good in letter and spirit
120
Visible defects not covered by warranty
121
Words of description when a warranty
122
Expression of opinion when a warranty
123
Implied warranty
124
Warranty of merchantable character of article sold
125
126 Warranty against latent defects
126
Warranty in sales by sample or specimen
127
Implied warranty in cases of fraud
128
Measure of damages on breach of warranty
156
CHAPTER X
158
f 163 Sale of swine affected by contagious disease 164 Words of commendation not a warranty
164
Distinction between hog and pork
165
The business of preparing pork for market
166
As to damage by hogs in trespassing
167
Killing hogs found damage feasant
168
Property in dogs differs from that of other animals
169
The law will protect owners of dogs in their property
170
Police power to regulate keeping of dogs
171
Sheepkilling dogs
172
The law of a dogfight
173
A person may kill a dog assaulting
174
Scienter commonlaw rule as
175
Owner liable for damage by vicious animal
176
CHAPTER XI
177
Harborer of dangerous animal liability
178
Liability ceases when vicious animal is stolen
179
On sale of dangerous animal notice must be given
180
181 Joint owners of dangerous animal their liability
181
Measure of damages for injuries by vicious animals
182
The right to kepe animals which are dangerous
183
184 General rules of bailment applicable to agistors
184
Agistors not insurers
185
Implied covenants on part of agistors
186
Negligence of agistors burden of proof
187
Agistors liability for trespass by animals
188
Agistors have no lien at common
189
CHAPTER XII
190
Agistors have possessory interest in animals
191
Agistors powers when animals are injured or stolen
192
Malicious mischief as a commonlaw offense
193
Malicious mischief in the United States
194
Actual malice against the owner must appear
195
Criminal statutes as to injury of domestic animals
196
State laws as to malicious injury of animals
197
Laws in Georgia as to malicious injury of animals
198
Statutes concerning malicious injury of animals
199
State laws as to damage to domestic animals
200
201 Malicious injury of animals criminal laws
201
Fences which are as efficient as lawful fences
225
Obligation of coterminous proprietor as to fencing
226
Owner of uninclosed lands need not join in fencing
227
Division fence on either side of watercourse
228
Fenceviewers and their duties
229
Mode of acquiring jurisdiction by fenceviewers
230
Award of fenceviewers a lien on land
231
Fenceviewers to assess damages done by animals
232
Duty of railroad company to fence
233
Damage by engines running into animals
234
General rules as to obligation to fence by railroad companies
235
State laws as to fencing by railroad companies
236
Liability of railway companies rulings of State Courts
237
Application of fence laws to railway companies
238
Construction of fence laws as to railroads
239
Laws to compel railroad companies to fence
240
Damage to livestock by locomotives
241
Right to distrain animals damage feasant
242
The commonlaw rule as to animals found doing damage
243
Pound laws in the United States
244
The constitutionality of pound laws
245
Proceedings under pound laws actions in
246
Pound laws must be strictly followed
247
The relation of master and servant
249
The master should guard against personal injury of servant
250
The master no insurer of servants life or health
251
The master may regulate hours of labor
252
Servant must obtain masters leave to absent himself
253
Servant bound for term of service agreed upon
254
Statutes as to malicious injuries to animals 205 Construction of statutes for prevention of willful injury to domestic animals 206 The definition of m...
255
By misconduct servant warrants his discharge without
256
Misconduct to warrant discharge without pay must be serious
257
Master must pay for term agreed upon when
258
The contract for payment of wages
259
If the servant fall sick or become disabled
260
The master has a charge of the servants health
261
Master not bound to give a character
262
Damages for enticing away servant
263
Liability of master on contracts by servant
264
The masters liability for injuries by servant
265
The masters responsibility ends when
266
Servant should reimburse master for losses
267
CHAPTER XIX
269
Foreign factors generally treated as principals
275
A factor del credere
276
Presumptions of knowledge of consignor as to usages of trade
277
When and to what extent factor may pledge goods
278
CHAPTER XX
279
Innocent pledgee of factor not protected
280
281 Consignor may recover of pledgee value of goods
281
Ignorance that goods were consigned no defense to pledgee
282
Consigned goods not liable for factors debts
283
Factor must obey consignees orders
284
Purchase by factor of goods consigned to
285
Factor not an insurer
286
Objections to employment of middlemen
287
288 Farmer may sell produce without license
288
66
300
Title acquired at a pound sale
310
CHAPTER XXIV
330
The cropper must farm in a husbandlike manner
335
As to what is proper husbandry
336
When cropping contract becomes an ordinary tenancy
337
Agreement to pay with part of crop makes a tenancy
338
Intention of parties characterizes the contract
339
Cropping on shares a partnership when
340
CHAPTER XXV
347
LANDLORD AND TENANT 296 Covenant for quiet enjoyment 297 Covenant against incumbrances 298 Obligation to pay taxes 299 Commonla...
356
Estate for years
360
An estate at will
361
Joint tenancy
362
Tenancy in common
363
Easements and servitudes
364
General characteristics of easements
365
Easements may be either positive or negative
366
Distinction
367
PARENT AND CHILD 310 Duty of the father to support his child 311 The father must educate his children 312 The contracts of infants are voida...
368
A right of way may be in gross
369
A way of necessity
370
Presumptions as to way of necessity
371
Meaning of the words a way of necessity
372
A way by grant
373
Implied grant of way when land is sold
374
What use of land implied by grant of
375
Duties of the child to its parent
376
Transactions between parent and child as to strangers
377
Statute of Limitations the measure of time of user
378
Lands bounded by navigable waters
379
Lands bounded on streams not navigable
380
CHAPTER XXVIII
381
Right of detention of water of a running stream
382
Rights of owner of land through which a stream runs
383
General rules as to rights of riparian proprietors
384
No absolute ownership of water
385
Each riparian proprietor has a right to use the water
386
CHAPTER XXIX
387
Right to use water for irrigation
388
Reasonable consumption of water depends on circumstances
389
Right of proprietor to have water unpolluted
390
Accretion on land created by alluvium
391
FARM
392
Parties to cropping contract tenants in cominon
393
The cropper on shares not a laborer for hire
394
Possession of growing crop under husbandry contract
395
Title to land in roadway
396
Estate retained in roadway by owner of land
397
Rights of public in a highway
398
Right of public to soil and timber in highway
399
The public bas no right of pasturage in highway
400
Rights of drovers upon public roads
401
47 Landlords loss of rent by interference with leased property 348 Possession of real and personal property under dairy contract 349 Right to increa...
402
Eminent domain
403
Dedication of private property to public
404
Private roads
405
Legislation as to private roads
406
Part V
413
CHAPTER XXXII
415
Dower
513
Copyright

Other editions - View all

Common terms and phrases

Popular passages

Page 157 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the...
Page 366 - ... that they were so intended lying on those who assert that they have ceased to be chattels, and that, on the contrary, an article which is affixed to the land even slightly is to be considered as part of the land, unless the circumstances are such as to show that it was intended all along to continue a chattel, the onus lying on those who contend that it is a chattel.
Page 5 - State which may take and claim the benefit of this act to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts...
Page 232 - LET dogs delight to bark and bite, For God hath made them so; Let bears and lions growl and fight, For 'tis their nature too.
Page 357 - This eminent judge further says: "1 think it may now be taken to mean this: not a mere trespass and nothing more, but something of a grave and permanent character, done by the landlord with the intention of depriving the tenant of the enjoyment of the demised premises.
Page 348 - To give due security to property, the law has added to that responsibility of a carrier, which immediately rises out of his contract to carry for a reward, namely, that of taking all reasonable care of it, the responsibility of an insurer. From his liability as an insurer, the carrier is only to be relieved by two things, both so well known to all the country when they happen, that no person would be so rash as to attempt to prove that they had happened when they had not—namely, the act of God...
Page 259 - ... dollars and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Page 237 - But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death.
Page 4 - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be granted to the several States, for the purposes hereinafter mentioned, an amount of public land, to be apportioned to each State a quantity equal to thirty thousand acres for each Senator and Representative in Congress...
Page 437 - Prima facie every proprietor upon each bank of a river is entitled to the land, covered with water, in front of his bank, to the middle thread of the stream...

Bibliographic information