Debolt v. Carter
Indiana Supreme Court
APPEAL from tlie Jay Circuit Court. Debolt, the appellant, filed his complaint in the Randolph Circuit Court, at the September term, 1866, against Carter, Commons, Myirphy, and Eisenhour, alleging, in substance, that the plaintiff is, and for eleven years has been, the owner in fee simple of lots numbered 290 and 291, in the corporate town of Union, in said county; that, to enclose and improve said lots, in the year 1862, he erected a fence on his own grounds, immediately…
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APPEAL from tlie Jay Circuit Court. Debolt, the appellant, filed his complaint in the Randolph Circuit Court, at the September term, 1866, against Carter, Commons, Myirphy, and Eisenhour, alleging, in substance, that the plaintiff is, and for eleven years has been, the owner in fee simple of lots numbered 290 and 291, in the corporate town of Union, in said county; that, to enclose and improve said lots, in the year 1862, he erected a fence on his own grounds, immediately south of the north line of said lots, and has since continued and maintained said fence as a part of the enclosure of said…
1Opinion of the CourtElliott, C. J.
A number of questions are presented by the appellant upon which a reversal of the judgment of the circuit court is claimed. They will be examined in the order in which they are presented by the record, rather than that adopted by the appellant’s counsel.
It is contended by the -appellant, that the demurrers to the cross complaint, for the reasons, first, that there is a defect of parties plaintiff’; second, that it appears up.on- the face of the complaint that there is another action pending between the same parties, for the same cause; and third, that the complaint does not state facts…
2Cases cited6 opinions
- Common Council v. CroasIndiana Supreme Court · 1855
- Berkshire v. ShultzIndiana Supreme Court · 1865
- Hays v. StateIndiana Supreme Court · 1857
- City of Lafayette v. JennersIndiana Supreme Court · 1858
- Epler v. NimanIndiana Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Dewey v. State ex rel. McCullomIndiana Supreme Court · 1883
- Lipperd v. EdwardsIndiana Supreme Court · 1872
- McIntosh v. ZaringIndiana Supreme Court · 1898
- Littleton v. BurgessWyoming Supreme Court · 1907
- Coddington v. CanadayIndiana Supreme Court · 1901
41 more not listed; retrieve them via the Exa API.