Legal Opinion

Pierse v. Bronnenberg

Indiana Court of Appeals

Decided June 28, 1907No. 5,831Published

Prom Madison Circuit Court; Vinson Carter, Special Judge. Action by Eldon B. Pierse against Calvin A. Bronnenberg and another, as administrators of the estate of Frederick Bronnenberg, deceased. Prom a judgment for defendants, plaintiff appeals. (For opinion on motion to dismiss appeal, and for leave to amend assignment of errors, see 38 Ind. App. 655.)

1Opinion

On Petition for Rehearing.

Hadley, J.

6. Appellees insist that the court has erred in the foregoing opinion in holding that the assessment for the construction of the drain therein mentioned was a lien which amounted to a breach of the covenant of warranty in a deed made subsequently to the filing of the petition and report of the commissioners, and prior to the approval by the court of the assessment. As we have said, this question is not properly before us, but we deemed it necessary to consider it in passing upon the other questions ip the case. The statute is clear and needs no…

2Cases cited9 opinions

  1. Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
  2. Blackie v. HudsonMassachusetts Supreme Judicial Court · 1875
  3. Peters v. MyersWisconsin Supreme Court · 1868
  4. Lafferty v. MilliganSupreme Court of Pennsylvania · 1895
  5. Hill v. BaconMassachusetts Supreme Judicial Court · 1872

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