Donner v. Griffith
Indiana Court of Appeals
From Jackson Circuit Court; Oren 0. Swails, Judge. Action by Alexander T. Griffith, against Fred G. Donner. From a judgment for plaintiff, the defendant appeals. This action was instituted by appellee to enjoin appellant from erecting a permanent obstruction in and across a strip of ground ten feet wide and located between buildings owned by the parties, respectively, in the city of Columbus.
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From Jackson Circuit Court; Oren 0. Swails, Judge. Action by Alexander T. Griffith, against Fred G. Donner. From a judgment for plaintiff, the defendant appeals. This action was instituted by appellee to enjoin appellant from erecting a permanent obstruction in and across a strip of ground ten feet wide and located between buildings owned by the parties, respectively, in the city of Columbus. The court made a special finding of facts, stated conclusions of law favorable to appellee, and perpetually enjoined appellant from obstructing said strip of ground. The special finding of facts contains…
1Opinion of the CourtDatjsman, C. J.
— (1) The strip of ground in contro*696versy extends east and west through, lots 28 and 29. Appellee owns a tract abutting on the south line of said strip. Appellant owns a tract abutting on the north line of said strip and also owns the fee in the strip. In the fourth paragraph of complaint it is alleged in substance: “That on October 20,. 1877, George P. Bissell as administrator or trustee was in possession of, and had power to sell, said lots; that on said day he conveyed by deed to Keller & Brock-man all that part of said lots situated on the north side of said strip, and as a part of said…
2Cases cited16 opinions
- Shellhouse v. StateIndiana Supreme Court · 1887
- Welz v. RhodiusIndiana Supreme Court · 1882
- Simpson v. PearsonIndiana Supreme Court · 1869
- Tucker v. ConradIndiana Supreme Court · 1885
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of Crown PointIndiana Supreme Court · 1898
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3Cited by3 opinions
- Zakutansky v. KanzlerIndiana Court of Appeals · 1994
- Nesbitt v. MillerIndiana Court of Appeals · 1934
- Terry v. WestIndiana Court of Appeals · 1988