Berlin v. Oglesbee

This was a suit by the appellees,'against the appellant, to recover the possession of certain real estate, particularly described, in Marshall county, Indiana, with all the appurtenances thereon belonging, “including the steam saw-mill and all the fixtures and appurtenances thereto belonging,” situate thereon, and damages for being kept out of the possession thereof. The complaint consisted of a single paragraph, and was in the usual statutory form in such cases.

The appellant answered in five paragraphs, and filed a cross complaint containing two paragraphs. The appellees moved the court, in…