Reports of the Cases Decided in the Appellate Court of Indiana Volume 48

Reports of the Cases Decided in the Appellate Court of Indiana Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... Frank H. Snyder and Whitney E. Smith, for appellant. David T. Taylor and Frank M. Hughson, for appellees. MYERS, J.---On September 5, 1905, appellant commenced this suit against appellees, to confirm a way of necessity across appellees' land. The issues submitted to the court for trial were-formed by a. complaint, answered by (1) a-general denial, (2) the fifteen-year statute of limitations, (3) former adjudication. There was a reply in denial. A trial resulted in a finding and judgment in favor of appellees. Appellant's motion for a new trial as of right was overruled, and on this ruling is based the only error here assigned. As this case comes to us, our inquiry is lim1. ited to the question, Was appellant entitled to a new trial as of right'! This question must be answered from an examination of the issues prosecuted to final judgment. The complaint shows that appellant is the owner of the northeast quarter of the southwest quarter of a certain section of land in Jay county, and that appellees own 2. the north half of the southeast quarter of the same section; that on September 14, 1883, Leander D. Small and Jay B. McIntyre were the joint owners of said tracts, and on that day by deed conveyed to appellant the parcel now owned by him, retaining the tract that they thereafter sold and conveyed, and which is now owned by appellees; that appellant's land, which is valuable for agricultural purposes, is completely surrounded by the lands of other persons, and is one-quarter of a mile from any public highway, without a road or way leading to any highway; that the most direct outlet from his land to a public highway is east across the adjoining land of appellees, that abuts Thomas 12. McCoy--48 Ind. App. 403. on more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • United States
  • English
  • black & white illustrations
  • 1236778154
  • 9781236778154