Robertson v. Meadors
Indiana Supreme Court
Appeal from Washington Circuit Court. cited Dawson v. Coffman, 28 Ind. 223, as to the modification of the English law of waste in this country; also Washburn on Real Prop. §6, p. 609; also Wheeler v. Me-shing-go-me-sia, Ind. — 405; Story’s Eq. p. 559, note 3, 11, and Drown v. Smith, 52 Me. 141; 33 Ill. 212; Adams’ Eq.
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Appeal from Washington Circuit Court. cited Dawson v. Coffman, 28 Ind. 223, as to the modification of the English law of waste in this country; also Washburn on Real Prop. §6, p. 609; also Wheeler v. Me-shing-go-me-sia, Ind. — 405; Story’s Eq. p. 559, note 3, 11, and Drown v. Smith, 52 Me. 141; 33 Ill. 212; Adams’ Eq. (6 American Ed.) p. 420, note 3; Williams on Real Prop. 23, note; Hill on Trustees, 590; Keeler v. Eastman, 11 Vt. 293; Johnson v. Johnson, 2 Hill Ch. 277; Livingston v. Reynolds, 26 Wend. 115; Smith v. Poyas, 2 Dessaus, 65; Shine v. Wilcox, Dev. & Bat. Eq. 631; Crawley v.…
1Opinion of the Court
Opinion of the court by
Mr. Justice Woods.
Complaint for damages and an injunction against the commission of waste. The action was brought by the appellee as owner of the fee, against the appellant, as the owner of a life estate. A demurrer for want of facts was sustained to the second paragraph of answer and error is assigned upon that ruling alone.
Besides insisting that the answer was good, counsel for the appellant contend that the complaint is not good, and that the demurrer should have been carried back and sustained to that pleading.
After describing the land and averring the respective…
2Cases cited3 opinions
- Dawson v. CoffmanIndiana Supreme Court · 1867
- Miller v. ShieldsIndiana Supreme Court · 1876
- Modlin v. KennedyIndiana Supreme Court · 1876