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Farmers' law

Leonard Vincent Koos · 1913 · Scanned text · Free in the US

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About this book

Author
Leonard Vincent Koos
Language
English
Published
1913
Length
42,515 words · about 2 h 59 min
Sections
30 reader sections
Text
Scanned text, read from page scans by OCR; may contain errors
Rights
Public domain in the United States

 

Contents (30)

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Prefatory Note

Two distinct needs have prompted the writing of this little book. The thinking farmers of the state have long been looking for a concise manual of such common and statute law as bears most closely upon them in their everyday affairs. They have desired a little volume that will set before them briefly what they cannot themselves find, having neither the leisure nor access to a legal library. Again, the schools of the state, now rapidly adding agriculture to their curricula, have come to need a brief text in "Farm Law" which may be placed in the hands of the students in the long and short course classes. To more nearly meet these needs an effort has been made to couch the law, as far as possible, in layman's English, to omit all verbiage, and to present only the "bare essentials." Most of us, although frequently reminded that "every man is presumed to know the law," have despaired of any measure of comprehension of its intricacies. Because of the reception given the author's earlier pamphlet on "Farmers' Law for the Short Course" in which the law was largely stripped of its technical terms, he feels that this little book will make the law understandable to those for whom these pages have been prepared.

Contents

Chapter Page

I. LAW IN GENERAL 7

What Law Is — Written and Unwritten Law — Constitutions — Statutes — Common Law.

Chapter I Law In General

Law, in its widest sense, is a rule of conduct. For all practical purposes, it may be considered a body of rules of conduct laid down and enforced by the authority of a nation or state. For instance, when we say that it is a Law of Minnesota that "every child between eight and sixteen years of age must attend a public school, or a private school, in each year during the entire time the public schools of the district in which the child resides are in session," we mean that it is a rule of conduct for parents or guardians in Minnesota in the matter of sending such children to school.

Law may be classified as written or unwritten law. Written law is found in our constitutions and in our statutes. The constitutions are called the "fundamental law of the body politic." This means that the constitution contains the laws of a community with which all other laws must agree and upon which all other laws must be built. The fundamental law for the United States is found in its Constitution, in force since 1789; and all the Acts passed by Congress and by the legislatures of the states must be in harmony with it or they are declared void. The fundamental law for the State of Minnesota is its Constitution, and all the Statutes passed by the State Legislature must be in harmony with this Constitution. In this book the name "statute" will be given to those laws passed by the Legislature of the State of Minnesota.

Unwritten law more often goes by the name of common law. In the absence of statute law common law prevails. In most cases it is simply common sense or "right reason" applied to cases not covered by statute law. It is an outgrowth of long-continued custom as found in the decisions of the courts. Most of our law is based upon these unwritten rules of conduct, the greatest part of which have come down to us from England, although changes have found a place from time to time in the courts in different communities in this country.

In our study of these rules of conduct for citizens in Minnesota, we shall naturally deal largely with common law and the Minnesota Statutes.

Chapter II Contracts

DEFINITION

Whenever a person buys or sells, whenever he makes any kind of bargain or agreement, he makes a contract. In brief, whenever for a sufficient consideration a person agrees to do or not to do some particular thing, he is said to make a contract.

CLASSES OF CONTRACTS

In entering into the agreement one may do so by word of mouth, when it is called an oral contract, or one may put it into writing or printing. In the latter case it is, of course, a written contract.

Contracts are also express or implied. If all the terms of the contract are spoken or put in writing, it is an express contract. If some of the terms are not spoken or written but are understood from the circumstances, it is an implied contract. For instance, if I say to the grocer, "Deliver a hundred-pound sack of flour at my house and I will pay you three dollars for it tomorrow," I make an express contract. If, instead, I merely say to him, "Deliver a hundred-pound sack of flour at my house," it is implied that I will pay the market price for it and that it is to be merchantable flour. A large porportion of the smaller contracts in daily business activities are implied.

CONSIDERATION To make a contract that may be enforced there must be a consideration, — the cause, price, or thing which induces the carrying out of the contract. An agreement to make outright gift is not a contract. The consideration is not always the transfer of money. It may be any benefit to the promisor or loss or detriment to the other party to the contract, or promisee.

WHO MAY NOT MAKE CONTRACTS

Minors are incompetent to make contracts except for necessities, such as food, clothing, medical attendance, etc. Contracts made by a minor are voidable by the minor when he reaches his majority. Idiots, lunatics, and drunken persons can not make valid contracts, except that a drunkard may ratify after he becomes sober a contract made while he was intoxicated. In Minnesota married women have the same right to make contracts as their husbands.

SUBJECT MATTER OF CONTRACTS

The subject matter of a contract may be anything lawful. Any contract to do anything unlawful is illegal and void. For instance, contracts to bribe a jury, bets or wagers, or contracts in which fraud enters are illegal.

STATUTE OF FRAUDS

The following classes of contracts, according to the Statute of Frauds, must be in writing:

(1) Leases of land for a year or more.

(2) Contracts for the sale of land for a year or more. This includes deeds, mortgages, etc.

(3) Every agreement that by its terms is not to be performed within one year from the date of making it.

(4) Promises to answer for the debt of another person.

CONTRACTS 11

(5) Contracts for the sale of personal property where fifty dollars or more is involved. Where some part of the property is delivered, where some part of the purchase price is paid to "bind the bargain," or where goods are sold at an auction at which proper entry is made in the salesbook, contracts under the last class do not come under the Statute of Frauds and, therefore, need not be in writing.

With either oral or written contracts it is essential that the intention of both parties be clear. Especially when one is making a contract in writing should the meaning be made clear, for, in the courts, one will not be permitted to change by oral testimony the terms of a written contract.

Chapter III Acquiring The Farm

GENERAL

When a person makes the purchase of any piece of real estate, such as a farm, he is said to acquire title to it. Title to a farm is evidence which that person has of the right to the possession of the farm. The conveyance of the title to the farm from the owner, or grantor, to the purchaser, or grantee, is made by an instrument called a deed. This deed, since it is concerned with the transfer of real estate and therefore comes under the Statute of Frauds, must be in writing. In Minnesota, deeds are required to be signed before two witnesses, acknowledged before an officer authorized to administer an oath, and recorded in the office of the register of deeds of the county in which the land is situated.

KINDS OF DEEDS

The three kinds of deeds of which a citizen of Minnesota should have knowledge are the warranty, the quitclaim, and the mortgage deeds. The last named will be dealt with in the separate chapter on mortgages.

THE WARRANTY DEED

The warranty deed is the common form for the conveyance of real estate. In addition to granting the land, it contains warrants or covenants as to the title. The Minnesota Statute makes possible the use of the following form of

ACQUIRING THE FARM 13

Warranty Deed

A. B., grantor, of (here insert place of residence), for and in consideration of (here insert the consideration) conveys and warrants to C. D., grantee, of (here insert place of residence),

the following described real estate in the county of

in the State of Minnesota: (here insert the description of the premises).

Dated this day of 19

Signature

Attention is called to the words "conveys and warrants" in the above form. The description mentioned refers to surveys, maps, distances, or boundaries.

THE COVENANTS

The same statute provides that when this form is used it is to be understood that the grantor makes the following covenants with or promises to the grantee :

Covenant (1) : "that he is lawfully seized of the premises in fee simple and has good right to convey same." This is called the covenant of seizin. It is simply a warranty that the owner has possession of the property described in the deed and that he has the right to convey it.

Covenant (2) : "that the premises are free from all incumbrances." This covenant pledges that there are no outstanding rights in other persons. This covenant is broken by outstanding mortgages, unpaid taxes, mechanics' liens, and judgments docketed in the office of the clerk of court of the county where the land is situated within ten years prior to the date of the conveyance.

Covenant (3): "that he warrants to the grantee and his heirs and assigns the quiet and peaceable possession of the premises." The covenant of "quiet and peaceable possession" is a promise that the grantee, his heirs, or others who

That the Crawtor..fi£QPga.Il*_ j for sons, unmarried %t residing in the.. . 1 . 1 .?. i/Jfl pttp..9°. , ;

County o/.^CLCOd _ .. ...and State of. M^nilCBOta _ f or an d in consideration

of the sum of J^rte^..?hQHsand ■_ dollars,

to.hi?!.rrTr:.m hand paid, do^S hereby Convey and Warrant to..!?Phn_T .VT0nllnS0n.0f

Plgnc.oc..of..thjj.._^^^ as Grantee the following described Real Estate, viz: J^P.J^9I^V93_ljS^^^ mm SSJ^SXXlSL^.

^A*l^M^X.y°^ lShl P,.P^A.H!^red, .plxtqenX 11 6 ) North, Range Thlrty( 3Q_1_ Bgyernmen t Surye y , ..con ta In lng. one .Hundred . s lxt y . acres more ,_pr leS8_- situate in the County p/_M C -keOd ... jand State of Minnesota.

Dated at— gisncoe . - . .._ t his. .22nfyrr^r.. day o/.S.OJ^eJILbe.r A. D. 191.$

Signed, Sealed and Delivered In Presence of \ ""^^^V^^-^P^S^I^.^ StZSl-* C< V^_.,_(_*d!d££<4^ca«afeX-£ '

County of E c 3*2*

On this._22n<l_'_ day o/:.8.eptember .. ..-A. D. 191 3„ before me, a

ffP.r.jjy.y... °HJ?11C _ within and for said County, personally appeared

George E. Parsons, unmarried,, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as.."...~. . free act and deed. yV ^--p ^ -

' Notaiw Public My CommTss lotr^xpTres "I9l"5 "

FIG. 1. WARRANTY DEED. (Short Form.)

ACQUIRING THE FARM 15

claim title through him shall not be legally disturbed in their quiet and peaceable possession of the premises by the grantor or his heirs.

Covenant (4) : that he will defend the title to the property "against all persons who may lawfully claim same." If any lawful claim is made by a third party as to the title of the grantee to the property, by the fourth covenant the grantor pledges compensation for the loss sustained by the failure of title up to the amount of the purchase price and interest.

It is rather common practice to include these covenants in the form of deed.

The signature is that of the grantor. The grantee does not sign. The conveyance of the farm is completed when the deed has been delivered by the grantor. Before accepting the deed the grantee should make sure that the title is perfect in the grantor and that the deed is properly executed. A grantee who personally accepts a deed is presumed to know its contents. Nor can the grantor have a deed set aside because he failed to read it. Any material change made in the deed by either party after delivery makes it void. If there is no certainty as to the property described in the deed it is void.

A husband and wife may, by a deed in which both join, convey real estate belonging to either. Except the homestead, either, by a separate deed, may dispose of the real estate belonging to him or her, subject to the rights of the other. (Note. The homestead in rural districts, — that is, outside the limits of a city or village — includes the house actually occupied by the owner as a dwelling and not more than eighty acres of land. Such a homestead is exempt from seizure or sale except for debts incurred for work or materials furnished in the building, repair, or improvement of the same, or for services of laborers or servants.)

QUITCLAIM DEED

A quitclaim deed is one which grants merely the interest the grantor has. The Minnesota Statute makes possible the use of the following form for a

Quitclaim Deed

A. B., grantor, of (here insert place of residence), for the consideration of (here insert the consideration), conveys and quitclaims to C. D., grantee, of (here insert place of residence), all interest in the following described real estate in the county

of in the State of Minnesota: (here describe the

premises.)

Dated this day of 19

Signature __

If the words "conveys and quitclaims" of this form are contrasted with the words "conveys and warrants" in the form for warranty deed the essential difference between the two kinds of deeds will be seen. The quitclaim deed warrants nothing and the statute contains no covenants that are understood to be binding upon the grantor. The quitclaim deed does not even assert that the grantor has any title to the premises described. In transfers of real estate this form is used merely to extinguish possible outstanding titles, for example, claims of heirs, for real estate for which a grantor or grantee is desirous of obtaining or giving a warranty deed or for the sake of peace. In buying a farm the purchaser should not accept a quitclaim deed without consulting a competent attorney.

ACQUIRING THE FARM

That the Grantor. QG.Orge. ._!!.*„

Parsons, unmarried, residing in the ..City-

.o/LGlencoe-

.for and in consideration

County o/,.McLeQd .and state /. Minnesota. — T —

of the sum of. One .....,._.._ ._ : DOLLdIi\

fo.hiTO in hand paid, <?o eS hereby Convey, Release and Quit-Claim <a.^Phn...Tr TomllnSOn

of Glencoe of the County of McLeod and State of Minnesota

as Grantee all........ interest in and to the following described real estate, viz:}P-C uQYtlViiCST,

Pan«e Thirty(3_0) West of the Fourth Principal .Meridian__acjcoP(U.ng_Jto

the United 8tates Government Survey, containing one hundred sixty acres more or less__ , situate in the County of__f?. c _~99~L- . .and State of Minnesota.

Bated at ..Glencoe. : this ,22nd.._. -=-r-.day of September

Signed, Sealed and Delivered In Presence of

County of McLeod

. .9. . r y . -H - -.P.T — within and for said County, personally appeared

George E. p a rsons, un married, —— to me "known to be the person described in and who executed the foregoing instrument, and acknowledged that lie executed the same as)!!.**..-. .free act and^deej

My commission Expires 1915 FIG. 2. QUITCLAIM DEED. (Short Form.)

ACQUIRING THE FARM UNDER AN INSTALLMENT CON- TRACT

Frequently purchases of farms or other real estate are made where the purchaser has a comparatively small amount of ready money. He may desire to make part payment yearly or at other regular intervals of time. In such a case, if the owner of the farm is willing, an installment contract is entered into, which describes the tract of land, contains the agreement to purchase, the dates of the payments and their amounts, and a pledge on the part of the owner to deliver the deed when all the requirements made of the purchaser in the contract have been met. Both parties to the agreement are required to sign such a contract. Of course, the title to the farm remains with the owner until full payment has been made.

Chapter IV Mortgages

FARM MORTGAGES

Often the owner of a farm wishes to borrow money and offers the farm as security for the loan. This he does by giving a mortgage on the farm. The borrower here is the mortgagor j while the party making the loan is the mortgagee. An illustration of this use is where a person buying a farm has not enough money to cover the full purchase price of the farm and borrows the remainder in order to make full payment. He gives a mortgage on the farm for the amount borrowed.

WHAT THE MORTGAGE CONTAINS

A mortgage on real estate is a form of deed, and in our state is quite commonly called a "mortgage deed." As a deed it is a conveyance of title to land but differs from other deeds in that it contains a provision that it shall be void and of no effect if the mortgagor pays the money at the time stated in the mortgage. This provision is known as the defeasance clause and may usually be recognized in the mortgage deed by its beginning, — "provided, always," or "provided, nevertheless." Covenants similar to those described under the warranty deed are made by the mortgagor; namely, (1) that he is in lawful possession of the premises, (2) that he has good right to convey the same, (3) that they are free from all incumbrances, and (4) that he warrants the title against all lawful claims.

W^^^roaSligSSI? Made this._25th*.-r77777T7^.day of.-Se-ptesib&r--- in the year of our Lord one thousand tune hundred and. „../. .. — between,

Orlln F. Miller and Helen N. Miller his wife , of the County of.

McLeod.

rrrrr-.and State o/... M A*fflg?.?.?' A - . p artleB of the first part, and

John T. Tomllnson.

of the County of .} lC }'P.9.^. an d State of}Q™QSQt& part. .Y....of the second part,

WITNESSETH, That the said par&83..of the first part, for and in consideration of the sum- of

JSIx Hundreds dollars,

to... tfo.^J L ' in hand paid by the said partV......of the second part, the receipt whereof is hereby

acknowledged, do by these presents Grant, Bargain, Sell and Convey to the said part If.... .of the second

par£,.._hiS.— 1. .heirs and assigns. Forever. gK... £ hfr.V. tract or parcel of land lying and being

in the County of..}f.9.^9.9P:. . and State of Minnesota, described as follows, to-wit:

The Northwest quarter of Section Slxteen(l6) Township One Hundred

Sixteen^ 1^6.1 N^

tainlng one hundred sixty acres of land more or^legs..

$j£o Jfave and to %}oId the M>jme, Together with all lite hereditaments and- appurtenances thereunto belonging or in anywise appertaining, unto the said part.?. of the second part,.hlS • _ heirs and

assigns, FOREVER., And the said -Qrlln..E....iilllejT..and.Hel&n--N-.-Mille-r---h-is— wife-

part.Z.....of the first part, do covenant with the said party.,.. ..of the second part, ..v.r. 3 .... '.....heirs and

assigns, as follows: Firsf.that *hei[..WC'.6lawfully seizcdof said premises; Second, that\he yha.y.Q.-.good right to convey the same; Third, tJuit the same are free from all encumbrances... .?._9..?P.....?..?.9.?!r.rT..

^?ifg- - e .^ e -9^ e ^.,?° -JQftP . J-9AgA-^- ^--.y we Aye..Hundred and noy 100 P.oilars ;,

-and Fourth, that the said party..

his

of the second part h . .'. heirs and assigns, shall quietly enjoy and possess the same; and that the

said part..J?...of the first part will Warrant and Defend the title to the same against all lawful claims.

FIG. 3. MORTGAGE DEED. (First Page.)

MORTGAGES 21

PROVIDED, XEVERTBXLESS, That if the said.'

. part\rpSqf the first part, tf'Q% Theirs, executors or aid mart.*!— .of the second, nart. _ *A *■ ~ *.: "heirs administrators, shall well and truly pay, or cause to be paid, to the said part. Si. ..of the second part, . r.K . . ~. .". .' "heirs,

executors, administrators or assigns, the sum 0/ .„...._„ ..7:. !.S* J -..v~.. 7\"_ '...Dollars, and interest,

according to the condition, of...one. ..prornl.sspry..liPie...rQl , ...aix. J Hundr.ed...Iiailar£ .bearln-g. .®^S^t..Mr cent, interest _^ bearing even date herewith, and also to pay all taxes which now are. or may be hereafter assessed on said premises as they shall become due, then this deed to be null and void. But if default shall be made in the payment of said sum of money, or the interest, or the taxes, or uny-pa/A thereof, at the time and in the manner hereinbefore or hereinafter specified for

the payment thereof, the said part of the first part, in such case do hereby authorize and fully empower the said

part. Jr.. .of the second part,. a*±P. heirs, executors, administrators or assigns, to sell the said hereby granted premises,

and convey the same to the purchaser, in fee simple, agreeably to the statute in such case made and provided, and out of the moneys arising from. such sale to retain the principal and interest which shall then l>n due on said note , and all taxes

upon said lands, together with all the costs and charges, and also the sum of.r..f-. .4- .y. tf- •-Vol lars, as Attorney's

fees, and pay the overplus, if any, to the said part±Q.§>f the first part,\tXlQL±heirs, executors, administrators or assigns.

Orlln r. Wilier and Helen N. Miller his wife

And the said.

do further covenant and agree to and with the said partJrrr.of the second part ,*)■.*:*? heirs, executors, administrators

and assigns, to pay said sum of money above specified at the time and in the manner above mentioned, together with all

the costs and expenses, if any there shall he; and, also, in case of the foreclosure of this Mortgage, the sum of+.J-A.itif.rrr.

. - .: . Dollars as Attorney's fees in addition to all sums and costs allowed in that behalf by law, which said

sum 15 hereby acknowledged and declared to be a part of the debt hereby secured, and which shall be assessed and payable as part of said debt, and that he will pay all taxes and assessments of every nature that may be assessed on said premises, or any part thereof, previous to thed&y appointed by law for the sale of lands for town, city, county or state taxes. And if default be made by the said partes **?..of the first part, in any of the foregoing provisions, it shall be lawful for the said

part.y...of the second part,.llXB. 7. -heirs, executors, administrators or assigns, or. )xLS - m - ' -"^. .Attorney , to declare the

whole sum above specified to be due and payabtea , . ^^

JJCTESTIMOXY WHERROF, The said partT.Y.r.of the first part haY.P.. hereunto set..^XlQlT...haridS and ajjlxed.kUGK sear* \ "

the day and year first above written.

Signed, Sealed and Delivered in Presence of

§fate of ^gznntsofa,

County 01-M9.M.9JL > J

...P.r.r:T.K..F^r.~~P. _; within and for said County, personally appeared to me knoivn to be the person Q described in and wlio executed the foregoing instrument, and acknowledged thatt he yextcuted the same os.-.T-VJlr.?- free act and deed./y — >

^^otary public My coiwftisMon Expires 193.5"

FIG. 4. MORTGAGE DEED. (Second Page.)

SIGNATURE, ACKNOWLEDGMENT, FILING, ETC

In Minnesota, the mortgage deed is subject to the same regulations as to signature, seal, witnesses, acknowledgment, and record as all other deeds. These requirements have been given in the previous chapter. There is also a tax of fifteen cents for every hundred dollars (or fraction of a hundred dollars) of the mortgage debt for filing the mortgage in the office of the register of deeds of the county in which the land is situated. If the mortgage is to run through more than five years the filing fee is twenty-five cents per hundred dollars of the debt. This is known as the registration tax. In the absence of an agreement this tax must be paid by the mortgagee.

Mortgages are effective in the order of their filing, and, in foreclosing, the second mortgagee gets nothing until the first mortgage is paid in full. For this important reason, second mortgages are not in great demand as compared with first mortgages. This filing is a protection to the mortgagee and is notice to the world that he has a lien on the property of the mortgagor. Mortgages not recorded are of no effect as against any later purchaser in good faith, that is, any person buying the land or accepting a mortgage on it for a valuable consideration and without knowledge of the unrecorded mortgage.

DISCHARGE OF RECORD

When a mortgage debt is paid the mortgage deed is discharged of record by filing in the office of the register of deeds where the mortgage has been recorded a "certificate of satisfaction" which has been acknowledged and signed by the mortgagee or by a memorandum signed by him on the margin of the record. Should the mortgagee fail to discharge the mortgage within ten days after the date of payment of

MORTGAGES 23

the mortgage debt he is liable for all damages due to his neglect.

FORECLOSURE

When the debt which is secured by the mortgage is not paid as agreed, the mortgagee has the right to foreclose. Foreclosure is simply the proceedings by which the premises are sold and the proceeds of the sale are applied to the mortgage debt. If the proceeds of the sale are more than enough to cover the mortgage debt and the costs of foreclosure, the surplus goes to the mortgagor. The sale is made by the sheriff. After the date of the sale the mortgagor has a right to redeem during twelve months by paying the sum for which the property was sold and interest at the rate provided in the mortgage or, if the rate is not fixed in the mortgage, at the rate of six per cent.

CHATTEL MORTGAGES

A chattel mortgage is a mortgage on personal property such as crops, live stock, farm machinery, furniture, etc. As in the case of the real estate mortgage, it is a conditional sale of the property to secure a debt and is void upon the payment of the debt. Chattel mortgages, since the first of July, 1913, are filed with the register of deeds of the county in which the property mortgaged is located. The fee for riling is ten cents for each instrument. After payment of the mortgage debt by the mortgagor the mortgagee must satisfy the mortgage by delivering satisfactions to the mortgagor and to the officer with whom the mortgage was filed.

FORECLOSURE OF CHATTEL MORTGAGES

Where the debt is not paid, foreclosure may be made and the property sold. Ten days' notice must be given the gnaw all 3$en bg these presents, null ..Qr lln .P., Miller.: , Glencoe— ,

State of Minnesota, for the purpose of securing the paymcot

McLeod

Xkmnty of „ . V. "... . . . 7. '. r . in the rrDollars and interest according to the conditions of...y.f... promissory note one

One note, date -...190 for $ due , n I?? —

Outi uuie, date 190 for $ due 19. ..

do hereby grant, bargain, sell and mortgage unto.--.H-9D-0._._T..\„ TOrollnSOjl and.Jll.S..

assigns, t lie following described personal property, now in my possession, owned by mo and free from all incumbrance, to-wit:

One roan horse, fourteen hands high, weighing about twelve hundred pounds,

known as Dick >

PROVIDED, That if the undersigned shall pay the said debt, according to the said note , then this mortgage shall be void. And it is hereby agreed that if djfaolt shall be made in the payment of said debt or any part thereof, or if any attempt be made to remove or dispose of said property, or if at any time the said

he is hereby authorized, either by himself or agent, to enter upon the premises where the said property may be and remove and sell the same at public auction, with a notice as provided by law, and without demand or performance, and ont of the proceeds retain the amount then owing on said debt, with eipeneea

attending the same, including.. A Mil _- "Dollars attorney's fees, rendering to the undersigned the surplus, after tho whole of said debt

shall have been paid, with charges aforesaid; said attorney's fees and expenses shall become absolutely due and payable whenever foreclosure hereof is commenced, and the delivery of this mortgage to any party with the intent to have the same foreclosed, shall be understood and construed to, b e a commencement of foreclosure, WITNESS..?!\y.hand and seal this...^. ji^fty of—M^y. : _ 190.9. /l) * ^^^0n*> ' sf/2

# ft ft/SJ>S>^ XM^O^^.ZiSiC^^L CSEALJ

-JZ^r-

FIG. 5. CHATTEL MORTGAGE.

mortgagor that the property is to be sold and ten days' posted notice is required. The property may be redeemed before the sale or at any time within two days after the sale, — before the sale, by the payment of the debt and all lawful expense for care of the property ; after the sale, by paying to the purchaser the amount for which the property wa9 sold with costs and expenses for keeping during the time allowed for redemption.

Chapter V Landlord And Tenant

DEFINITIONS

A tenant obtains the use of a farm or other real property by means of a contract known as a lease. The owner of the farm in such a case is called the landlord, or lessor, and the tenant is referred to as the lessee. The consideration paid for the use of the land is rent.

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