Pilotte v. Brummett

Concurring Opinion

White, J.

In holding that the judgment for the plaintiffs-landlords should not be reversed even though they had no immediate right to possession at the time they commenced their ejectment action, we reach a result which is not only *414fair in this particular instance, but a result which finds rational support in both the modern and the historic philosophy of pleading and practice.

Notwithstanding the many Indiana cases which either expressly state, or clearly imply, that to make a prima facie case a plaintiff in the trial of an ejectment action (in which no affirmative answer or…