Maitlen v. Barley
Indiana Supreme Court
From Delaware Circuit Court; John F. McClure, Special Judge. Highway proceeding by Charles A. Barley and others, against which W. H. Maitlen and others remonstrate. From a judgment for petitioners, remonstrants appeal.
1Opinion of the CourtMontgomery, J.
This is a proceeding for the improvement of certain public highways less than three miles in *621length, under the provisions of §§7711-7734 Burns 1908. The questions presented on appeal are, with one exception, the same as those decided in the case of Craw v. Dunn (1910), ante, 615. The petition in this case was signed by appellee Barley and fifty-four other persons. Nine of the petitioners owned real estate only as tenants by the entirety, and they were held to be freeholders within the meaning of the statutes authorizing the contemplated improvement. If this holding was correct, the judgment…
2Cases cited3 opinions
- Enyeart v. KeplerIndiana Supreme Court · 1889
- Harlan v. State ex rel. ClarkSupreme Court of Alabama · 1902
- State v. . RaglandSupreme Court of North Carolina · 1876
3Cited by8 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Nat. City Bk. of Evansville, Etc. v. BledsoeIndiana Supreme Court · 1957
- Hernandez v. BeckerCourt of Appeals for the Tenth Circuit · 1931
- Dean v. StateSupreme Court of Florida · 1917
- Phoenixville Borough Annexation CaseSuperior Court of Pennsylvania · 1971
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