By Jacob H. Beuscher (auth.)
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Sample text
It may he that the abstractor in making his title search has discovered four or five judgments entered against a person with the same name. Actually the seller is an upright citizen who never in his life had a judgment entered against him. But the abstracter does not know this and so being a careful and cautious man, he lists these judgments in the abstract on the outside chance that they may he against the particular John Smith who owns the real estate and wants to sell it. The ACQUIRING A FARM 43 lawyer who examines the abstract calls the buyer's attention to what has happened and advises the buyer not to close the deal until it can he properly shown that these judgments are not against the particular John Smith who is selling the real estate.
Has he violated the civil or the criminal law, or both? 4. Give an illustration of (a) a criminal case and (b) a civil case in which the state is a party. PART TWO LEGAL PROBLEMS WHEN ACQUIRING OR TRANSFERRING A FARM 4 Acquiring a Farm Ways of Acquiring a Farm in General One can acquire land for farming in the following ways: ( 1) buying it, ( 2) leasing it, ( 3) inheriting it or having it given to him and ( 4) adverse possession for a sufficient length of time (usually 20 years). It is unlikely that a person will actually acquire a whole farm of real value by squatter's rights (adverse possession).
In spite of this binding contract Harry refused to paint Tom's picture. Tom can say under the second alternative, "All right you broke the contract, I call the contract at an end. " Now it would seem that if Tom elected under the first alternative to stand on the contract he should be able to go to court and get a judgment compelling Harry to paint the portrait. Under some systems of law, this is the usual way of enforcing contracts, but under our system, such a "specific performance" judgment is the exception rather than the rule.