So, too, there are questions as to line fences, water courses, rights of way, encroachment upon the highway, and an innumerable train of threatening evils, continually arising, any one of which, if neglected or referred to the many wiseacres common to every community, may lead to costly litigation, or even to the loss of the farm itself. A bit of counsel at the right time, which is when the matter first appears, will prevent, at trifling cost, all the attendant evils of a law suit.
Such instances are very common in the experience of every lawyer who enjoys even a moderate country practice; and it is an alarming fact that perhaps fifty per cent of the titles to all the farms, especially in the older states, have flaws more or less serious, any one of which is a microbe of trouble, liable to assert itself when least expected. This being so, the general and inflexible rule should ever prevail, never to take a deed of property without an abstract of title which has been examined by a competent attorney. The so-called maxims of law, often repeated and distorted, especially in farming communities, are extremely dangerous to follow. They may have some foundation in fact, but as almost all rules of law have their exceptions, and as no one not versed in the law is competent to pass upon them, they should never be blindly followed by a layman.
To illustrate this point: Not long ago a prosperous farmer, relying upon the oft-repeated assertion that twenty years of peaceable possession gave title, became involved in a lawsuit with the town over a fence which had been built in the highway adjacent to his farm. He was an astonished man when the lawyer whom he consulted told him that possession for a thousand years of the land claimed would not give him title as against the public.
It seems almost incredible that a farmer, who will drive his horse for miles to have him shod by an expert, or who will summon a veterinarian to treat a sick cow, will be satisfied to consult what someone has brightly termed a necessity lawyer,—because necessity knows no law,—upon matters affecting his farm, his home, or his competence, rather than the experienced lawyer. The cow might be replaced for forty or fifty dollars if a mistake was made, but the farm, the competence, have cost a lifetime of labor.
Perhaps the most striking example of neglect on the part of the farmer is in regard to the disposal of the fruits of his life-work. It is true that anybody can draw a will, and yet the fact that men and women allow anybody to draw their wills is productive of more fat fees than arise from any other source. Not long ago an acquaintance, who did not realize the truth of the old adage that “a little knowledge is a dangerous thing,” drew his own will, and, being childless, sought to leave his property to his wife, who had been the partner of his labors in a long life of toil. The law of the state of New York requires two witnesses to a will. He procured only one, and upon his death the property, which husband and wife had with so much toil secured, was for the most part scattered among distant relatives, almost strangers, because he was afraid of lawyers and their fees.
In all the varied business which a farmer will meet,—the giving of notes, mortgages, etc., or, better, the taking of mortgages, bills of sale, and promissory notes,—it is well to remember that different conditions of fact make necessary different interpretations of the law, and that it is usually unsafe to follow a neighborhood precedent. Oftentimes you may be called upon to transact business where it is not convenient to consult a lawyer. In such cases, and in all transactions of any magnitude or possible importance, all talk, or the essence of it, should be reduced to writing. Then it cannot get away or be distorted or forgotten, and is in good shape to submit, at the first opportunity, to your lawyer, who, if an error has been made, can, while the matter is fresh, more easily correct it. Remember that a contract is simply a meeting of the minds of the contracting parties, and the best drawn contract possible is one that states, in language simple and concise, what each means as expressed by word of mouth.
Most of the litigation so much feared by the farmer is due to the farmer himself and his neglect to seek an ounce of preventive. It is true that there are rascally lawyers; so, too, there are dishonest men in every trade, occupation or profession, but they are generally easily located.
If this chapter shall lead the farmer to feel that his business is farming, that “a jack-at-all-trades is master of none,” and that the law, justly interpreted and enforced by those who know it thoroughly and well, is to be the foundation of his success, the guarantee of his home through life, and the channel of its proper disposal after death, then it has not been written in vain. Remember that the province of the true lawyer is to keep his client out of trouble, rather than to get him out of trouble. An honest lawyer, of whom, thank Heaven, there are very many, notwithstanding the popular prejudice of those who have suffered from litigation, will always try to steer you clear of litigation and loss.
In conclusion, then, always consult a lawyer in matters affecting your farm or property. The average fees of a lifetime will not exceed fifty dollars, and oftentimes valuable advice will be given free. Select one in whom you have confidence, and stick to him. Become his friend, and let the relation be one of mutual confidence. Do not neglect to ask him a question because you fear he will think you dumb; he probably knows less about farming than you do about law. He will need your advice and influence in minor matters as much as you need his. Call on him when you are in town, and he will be glad to see you. Very often he will answer your question gratis. When he charges you what may seem a large fee, remember that you are paying for skilled labor, and that you are entitled to expend as much for the possible welfare and happiness of your family as you expend upon the choice stock in your stables. Farmers, more than any other class of men, perhaps, are prone to neglect legal matters, or place them in incompetent hands.