Dorsett v. Gray

• Decision Date: 13 November 1884
• Docket Number: 11,367
• Citation: 98 Ind. 273
• Parties: Dorsett et al. v. Gray
• Court: Indiana Supreme Court

98 Ind. 273

Dorsett et al. v. Gray

No. 11,367

Supreme Court of Indiana

November 13, 1884

From the Putnam Circuit Court.

D. E Williamson and A. Daggy, for appellants.

D. R Eckles and P. O. Colliver, for appellee.

OPINION

Bicknell C. C.

This was an action for the use and occupation of land, and for the alleged wrongful appropriation of growing crops.

A farm in Putnam county belonged to a widow for life, with remainder to her two daughters in fee. The widow lived on the farm in the same house with the defendant Jasper N. Gray, who was the husband of one of her daughters; the other daughter was the wife of the plaintiff Abijah Dorsett. The widow leased the land to Gray for and during her natural life; the lease began on March 1st, 1879; by its terms Gray was to take care of the widow for life and pay her $ 65 on the first of March annually after 1879.

The widow died on June 25th, 1882. At that time there were on the farm growing wheat planted in the fall of 1881, and growing corn, oats and potatoes, planted in the spring of 1882. Gray and wife remained on the land occupying the house, and after the widow's death Gray gathered the crops and converted them to his own use.

On the 15th of September, 1882, less than three months after the widow's death, the land was divided between the two daughters by a decree of the Putnam Circuit Court, and the house was on the part assigned to Gray's wife. Gray and wife occupied all the land until the partition was made, and then Dorsett took possession of the part assigned to his wife. The rental value of the entire premises, from the death of the widow to the time Dorsett thus took possession of his wife's part, was $ 91.71, and excluding the part occupied by the growing crops, the rental value of the remainder, for the same time, was $ 20. On the part taken by Dorsett there were two stacks of wheat straw belonging to Gray, of the value of $ 30, and a fence built between the two shares cut off three acres of Gray's corn, the stalks of which were pastured by Dorsett, of the value of $ 3; the fence also cut off some of the wheat stubble, which was pastured by Dorsett, of the value of $ 10.

On the 9th of October, 1882, less than a month after the partition, Dorsett and wife brought this suit against Gray alone.

The defendant answered specially in two paragraphs, one of which was a set-off for the stacks of wheat and pasture aforesaid.

The plaintiff replied in denial. The issues were tried by the court, who, at the request of the parties, made a special finding of the facts as above set forth, and stated the following conclusions of law:

1. The defendant, Gray, had a legal right to take said...