Legal Opinion

Moseley v. Bishop

Indiana Court of Appeals

Decided November 20, 1984No. 4-983 A 312PublishedCited by 24 opinions

1Opinion of the Court

YOUNG, Judge.

Edith Moseley brought suit against Merrill and Joanna Gates and sixteen others (hereinafter defendants) seeking damages for the defendants' failure to maintain a tile drain that served Moseley's farm and ran across the Gateses' land. This svit was based upon a contract made in 1896 by Henry Moseley, who then owned what is now the plaintiff's farm, and William Bohn, the defendants' predecessor in interest. The trial court ruled that this contract, which required Bohn to "permanently maintain" the drain at issue, did not run with the land and thus was not binding upon the…

2Cases cited20 opinions

  1. Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
  2. City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
  3. Howard D. Johnson Co. v. Parkside Development Corp.Indiana Court of Appeals · 1976
  4. Conduitt v. RossIndiana Supreme Court · 1885
  5. Jay Clutter Custom Digging v. EnglishIndiana Court of Appeals · 1979

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3Cited by24 opinions

  1. Ashland Pipeline Co. v. Indiana Bell Telephone Co.Indiana Court of Appeals · 1987
  2. Adult Group Properties, Ltd. v. ImlerIndiana Court of Appeals · 1987
  3. Columbia Club, Inc. v. American Fletcher Realty Corp.Indiana Court of Appeals · 1999
  4. Drees Co., Inc. v. ThompsonIndiana Court of Appeals · 2007
  5. Sonoma Development, Inc. v. MillerSupreme Court of Virginia · 1999

19 more not listed; retrieve them via the Exa API.

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