Town of St. John v. Gerlach

This was an action by appellees to disannex from the town of St. John, in Lake county, Indiana, certain lands which they owned in that town. The sufficiency of the complaint was not challenged, but the appellant town of St. John joined issue by an answer of general denial, only. There was no affirmative plea, whether of estoppel or otherwise. The cause was submitted to the court for trial and the court made a general finding that the petition for disannexation should be granted, and that the lands of the petitioners described therein, embracing about 450 acres off the north side of section…