9 N.E. 101 (Ind. 1886), 12,447, Andis v. Personett

Docket Nº:12,447
Citation:9 N.E. 101, 108 Ind. 202
Opinion Judge:Niblack, J.
Party Name:Andis v. Personett
Attorney:J. L. Mason, J. H. Mellett and R. Williamson, for appellant. J. A. New and J. W. Jones, for appellee.
Case Date:November 16, 1886
Court:Supreme Court of Indiana
 
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Page 101

9 N.E. 101 (Ind. 1886)

108 Ind. 202

Andis

v.

Personett

No. 12,447

Supreme Court of Indiana

November 16, 1886

From the Hancock Circuit Court.

The judgment is affirmed, with costs.

J. L. Mason, J. H. Mellett and R. Williamson, for appellant.

J. A. New and J. W. Jones, for appellee.

OPINION

Niblack, J.

On the 18th day of August, 1884, Morgan Andis and Amos M. Personett entered into the following agreement in writing:

"This lease, made and entered into by and between Morgan Andis, of the first part, and Amos M. Personett, of the second part, witnesseth that the said Morgan Andis has this day leased and rented, and to farm let unto said Personett, the farm on which the said Andis now resides, in Brandywine township, Hancock county, Indiana, containing about one hundred and fifty (150) acres. Said Personett is to have [108 Ind. 203] the possession of said farm at once for the purpose of sowing wheat on the same this fall, and is to have full possession of all of said farm from the 25th day of December, 1884, until the 25th day of December, 1885. The clover that is now on said farm is not to be plowed up by said Personett, but is to be fenced off by said Andis, in good order, so as the said Personett can pasture the same next summer,

Page 102

and said Andis is to raise and repair the culvert across the pike near the grave-yard, so that stock can pass under the same, back and forth to water. Said Andis is to deliver the possession of said farm to said Personett on the 25th day of December, 1884, with a dwelling-house, and the fencing on said farm in good repair, and the same is to be kept in good repair, and delivered up to said Andis in good repair at the expiration of the said lease by the said Personett, natural wear and tear excepted. Said Andis to repair the barn, to fix the floor and wheat-bin and corn-crib in the same, and fix a way to feed stock from the upper floor of said barn to the lower floor of the same. Said Personett is to have the stalk-field pasture on said farm in the fall of 1884, and said Andis to have the said stalk-field pasture on said farm in the fall of 1885. The said Personett is to have the right to pasture the stubble-field on said farm in the fall of 1885, in a reasonable manner, until the first day of September, 1885, that may be in clover, and the remainder, if any, as long as he sees fit, and said Personett is to have the right to use firewood, for his own use, as long as he occupies said farm, as the tenant of said Andis, out of the waste or dead timber not fit for...

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