City of New Albany v. White

Colerick, C.

This action was instituted by the appellee against the appellants, to enjoin them from entering upon certain land, alleged to be owned and occupied by the appellee, and removing therefrom the fences, trees and improvements thereon, and using the same for a street.

It was averred in the complaint, that the appellee was then, and for more than eight years prior thereto had been, the owner in fee simple of the following described real estate in the city of New Albany, Indiana, to wit: All that part of out-lot C, north of Upper Elm street, which begins at a *207point on the line of said…