Fite v. Doe
Indiana Supreme Court
ERROR to the Clark Circuit Court. Ejectment. The declaration contained three counts on several demises of separate lands: one demise by Bingham in 1810; One by Johnson in 1818; and one by Wyatt and Hovik in 1819. Plea, not guilty. The evidence was as follows: In August, 1809, Lemon, being'in possession, conveyed the premises to Bingham; in July, 1818, Bingham conveyed them to Johnson; and in April, 1819, Johnson conveyed them to Wyatt and Hovik.
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ERROR to the Clark Circuit Court. Ejectment. The declaration contained three counts on several demises of separate lands: one demise by Bingham in 1810; One by Johnson in 1818; and one by Wyatt and Hovik in 1819. Plea, not guilty. The evidence was as follows: In August, 1809, Lemon, being'in possession, conveyed the premises to Bingham; in July, 1818, Bingham conveyed them to Johnson; and in April, 1819, Johnson conveyed them to Wyatt and Hovik. These deeds contained the usual covenants, purported to have been made for a valuable consideration, and were recorded within one year from their…
1Opinion of the CourtBlackford, J.
There are two errors assigned for the reversal of this judgment; first, the refusal of the Court to instruct the jury as required; secondly, the omission in the judgment respecting the term. The declaration contains three several demises to the plaintiff below: one from Bingham; one from Johnson; and one from Wyatt and Howk. If any of these lessors had a right to make the lease at the date of his demise, and had a right of entry at the time this action was commenced, the plaintiff was entitled to recover; and the Court was right in *129refusing to instruct the jury to find for the defendant. The…
2Cases cited3 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Stoever v. Lessee of WhitmanSupreme Court of Pennsylvania · 1814
- Waring v. JacksonSupreme Court of the United States · 1828
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- Grube v. WellsSupreme Court of Iowa · 1871
- Bowman v. WathenDistrict Court, D. Indiana · 1841
- Schoonover v. ReedIndiana Supreme Court · 1879
- Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
- German Mutual Insurance v. GrimIndiana Supreme Court · 1869
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