Fort Wayne, Muncie & Cincinnati Railroad v. Mellett

We think that the complaint in this case, although not skilfully drawn, may be regarded as showing that the appellant entered upon the land described in the pleading-without right or claim of title, and that, therefore, the rule that no valid deed can be made while another is in adverse possession does not apply. The rule that a deed can not be made while there is an adverse possession under claim of title has long obtained in this State, and, until the change effected by the statute of 1881, was the law of the State. Bell v. Longworth, 6 Ind. 273; Doe v. Hearich, 14 Ind. 242.

The complaint…