Doe v. Richards
| Decision Date | 30 November 1853 |
| Parties | Doe on the Demise of Pidgeon v. Richards |
| Court | Indiana Supreme Court |
ERROR to the Bartholomew Circuit Court.
The judgment is reversed with costs. Cause remanded.
A. A Hammond and H. O'Neal, for the plaintiff.
W Herod, S. Stansifer, W. Singleton and R. Hill, for the defendant.
Ejectment by Doe on the demise of William F. Pidgeon, against Thomas J. Richards for a tract of land in Bartholomew county. Judgment below for the defendant.
The facts of the case are, that William Richards, then the owner in fee of the land in question, died in 1846 having devised said land to his wife, Elizabeth Richards, for her life. Subsequently, said Elizabeth leased the land to her son, Thomas J. Richards, the defendant, who was then living upon it with his mother, executing to him an instrument as follows:
Signed by the parties and sealed, October 25, 1848.
After the execution of this instrument, said Thomas and Elizabeth continued to reside together on the land, he exercising full control, till the spring of 1851, when said Elizabeth left, having deeded the premises to the lessor of the plaintiff, Pidgeon, and given said Thomas notice to quit.
This suit was commenced March 19, 1851. The only brief furnished is a very brief one from the plaintiff, informing us that the case turned below upon the effect of the lease or instrument in writing above set out, and that it was there held that it conveyed a life estate to said Thomas J. Richards. The substance of that instrument is that it gives to Richards the right to occupy and improve the land in question for a certain consideration, payable as he occupies, as long as he shall please to do so. It gives him no absolute interest, which he can convey to another on vacating the premises himself. Whenever he removes from them, his right in them ceases. And he is not bound to occupy them and pay the consideration a day longer than he sees fit to...
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