Legal Opinion

Shetterly v. Axt

Indiana Court of Appeals

Decided February 16, 1906No. 5,910Published

From Johnson Circuit Court; William J. Buckingham, J udge. Suit by Henry C. Axt and others against George G. Shetterly and others. From a decree for plaintiffs, defendants appeal.

1Opinion

On Petition fob Rehearing.

Comstock, J.

3. Counsel for appellee earnestly ask for a rehearing in this cause upon the ground that the cross-complaint does not show title, nor either possession of or the right to possession in the cross-complainant at the time of the commencement of the suit. . This is requisite in an orginal complaint for partition. Wintermute v. Reese (1882), 84 Ind. 308; Brown v. Brown *690(1893), 133 Ind. 476; Eve v. Louis (1883), 91 Ind. 457. But a cross-complaint states a separate and independent cause of action, and if it appears from its averment that the right exists at the…

2Cases cited6 opinions

  1. Fletcher v. HolmesIndiana Supreme Court · 1865
  2. Eve v. LouisIndiana Supreme Court · 1883
  3. Anderson v. WilsonIndiana Supreme Court · 1885
  4. Brown v. BrownIndiana Supreme Court · 1893
  5. Meredith v. LackeyIndiana Supreme Court · 1860

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