Heywood v. Fulmer
Indiana Supreme Court
From Marion Circuit Court; George W. Grubbs, Special Judge. Suit by James B. Heywood, trustee, for himself and others against Leander A. Fulmer and others to enjoin defendants from removing sand and gravel from certain described premises. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtMcBride, C. J.
A construction of the following writing will determine every question presented by the record in this case: “Indianapolis, Ind., April 21, 1890. Received of Fulmer, Cooper & Co. $115, in payment of sand bar on Fall creek, between Central avenue and Meridian street, and adjoining the land of F. W. Morrison op. the south and W. *659O. Patterson on the north side of said creek, for the year 1890; this is for the exclusive right to all gravel and sand for the year above named, and excluding all other parties from said premises. (Signed) W. O. Patterson.”
When the writing was executed, W. O. Patterson,…
2Cases cited2 opinions
- Knight v. Indiana Coal & Iron Co.Indiana Supreme Court · 1874
- Alcorn v. MorganIndiana Supreme Court · 1881
3Cited by20 opinions
- Frank Oil Co. v. Belleview Gas & Oil Co.Supreme Court of Oklahoma · 1911
- Sproul v. GilbertOregon Supreme Court · 1961
- Harvey Coal & Coke Co. v. DillonWest Virginia Supreme Court · 1905
- Lewes Sand Co. v. GravesSuperior Court of Delaware · 1939
- Shenk v. StahlIndiana Court of Appeals · 1905
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