Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 3

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 3

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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. 1890 edition. Excerpt: ...costs. Cause remanded, etc. S. Judah, J. H. Henry, C. W. Barbour, for appellants; W. D. Griswold, J. P. Usher, for appellee. Don, on the Demise of SEARIGHT and Others, v. SWAILS. EVIDENCE--SECONDARY.--Il'l ejectment, defendant cannot prove that a deed' professing to convey a specific number of acres, was intended to convey more. ERROR to the Decatur Circuit Court. Bnacxsonn, J.-This was an action of ejectment for a piece of land alleged in the declaration to contain five acres, being part of the west half of the north-east quarter of section thirty-five, town twelve, range nine, and situatelin Decatur county. Plea, not guilty. The cause was submitted to the court, and judgment rendered for the defendant. 330 The facts of this case necessary to be noticed, are as follows: Doe, on the Demise of Searight and Others, v. Swails. William Searight was the original owner in fee of the west half of said quarter section of land. He sold fiftyfive acres and seventy-seven hundredths of an acre off the north end of said half quarter section to Joseph Searight, and afterwards died seized in fee of the residue of said half quarter section, which residue lies south of the part he had sold as aforesaid. That unsold part contained twenty-six acres and thirty-three hundredths. The lessors of the plaintiff, as the heirs of William Searight, inherited said tract of twenty-six acres and thirty-three hundredths. Those heirs afterwards conveyed in fee to Nathan P. Swails a certain parcel of land described as follows, to wit, twenty-five acres ofi' the south end of the west half of the north-east quarter of section thirty-five, town twelve, range nine, leaving, apparently, undisposed of, a strip of land north of said tventy-five acres, of one acre and...show more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236937384
  • 9781236937384