Godfrey v. Godfrey
Indiana Supreme Court
AEEEAL from the Miami Circuit Court. (1) Semble, that one claiming- the separate and entire ownership of lands, can not be made a defendant to a proceeding- for the partition of the lands, instituted by others claiming as tenants in common. Baker v. Riley et al., 16 Ind. 479.
1Opinion of the CourtWorden, J.
This was a petition by the appellant against the appellees, for the partition of a certain tract of land. Miller demurred to the petition, and the demurrer having been sustained, the petitioner appeals.
The petition sets out, in substance, that by a treaty made October 23,182G, between the United Stales and the Miami tribe of Indians, one section of land was granted to Louisan Godfrey, a plat of which was filed and made a part of the *7petition. From tbe plat filed, it appears that the land lies in township twenty-seven north, of range three east, but the particular section, or other definite…
2Cases cited4 opinions
- Brownfield v. WeichtIndiana Supreme Court · 1857
- Wolcott v. WigtonIndiana Supreme Court · 1855
- Baker v. RileyIndiana Supreme Court · 1861
- Foust v. MoormanIndiana Supreme Court · 1850
3Cited by30 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Helvey v. O'NEILLIndiana Court of Appeals · 1972
- Luntz v. GreveIndiana Supreme Court · 1885
- Brown v. AndersonIndiana Supreme Court · 1883
- Miller v. NobleIndiana Supreme Court · 1882
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