Thomas v. McCoy
Indiana Court of Appeals
Erom Jay Circuit Court; H. O. Fox, Special Judge. Action by Harvey Thomas against Ellen McCoy and others. Erom a judgment for defendants, plaintiff appeals.
1Opinion of the CourtHenley, J.
This was an action commenced by appellant by a complaint in two paragraphs in which he seeks to establish his right to a way of necessity in the first paragraph, and in the second paragraph he seeks to quiet his title to such right. The trial court held both paragraphs of appellant’s complaint insufficient, and judgment was rendered against him upon demurrer. Both paragraphs of the complaint clearly show that appellant is entitled to a way of necessity over the land to the public highway, but it is contended by appellees’ counsel that neither paragraph of the complaint shows that the things…
2Cases cited1 opinion
- Ritchey v. WelshIndiana Supreme Court · 1898
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