Taylor v. Moffatt
Indiana Supreme Court
ACTION on the case for the disturbance of an exclusive right to vend merchandise, &c. Plea, a lease, &c. Demurrer to the plea, and judgment for the defendants. For the facts see the preceding case of Taylor v. Owen and others.
1Opinion of the CourtScott, J.
It is alleged here, on behalf of the appellant, that Owen, being the owner of the land, could dispose of the soil itself, or any privilege appurtenant to, or growing out of it; that in this case he has, by his covenant with Taylor, divested himself of the right to vend merchandise in JVew-Iiarmony; and it is inquired, can Moffatt possess greater privileges than his lessor? To this it may be replied, that an incorporeal hereditament may be conveyed to one, and the right of soil to another, and after a grant of the incorporeal hereditament, a conveyance of the land to which it is appendant is…
Also in this document: Per curiam.
2Cited by1 opinion
- Moore v. Guardian Trust Co.Supreme Court of Missouri · 1903