Jordan v. Hendricks , 14001.
| Decision Date | 14 November 1930 |
| Docket Number | No. 14001.,14001. |
| Parties | JORDAN v. HENDRICKS, Township Trustee, et al. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Hendricks County; Z. M. Dougan, Judge.
Suit by Samuel Jordan against Walter P. Hendricks, Trustee of Center School Township, and others, in which defendant township filed a cross-complaint. Judgment for defendant, plaintiff's motion for new trial was overruled, and plaintiff appeals.
Affirmed.
Blessing & Stevenson, of Danville, for appellant.
Hume & Gaston, of Danville, and J. Burdette Little, of Indianapolis, for appellees.
Suit by appellant to quiet title to one acre of real estate in Center township, Hendricks county, Ind. To the complaint in one paragraph, appellee Center School township filed answer in general denial and cross-complaint, asking that title to the real estate in question be quieted in Center township.
The facts were agreed upon and were submitted to the court for trial and are, in substance, that, on April 1, 1856, John D. Burks was the owner of the real estate involved which was a part of a 173-acre tract then owned by him. On that day, his wife joining, he executed to the trustees of said Center township a deed in writing for said one acre, which was thereafter duly recorded. On October 11, 1856, Burks and his wife executed to Aquilla Jordan their warranty deed conveying to him the 173 acres more or less, in Center township, which said 173-acre tract included the 1 acre here involved. On February 7, 1923, George Jordan, executor of the last will of Aquilla Jordan, conveyed said real estate to appellant by executor's deed, which real estate included the 1 acre here involved. In May, 1928, appellee Hendricks, as trustee of Center School township, and appellees Record, Roberts, and Scearce, members of the advisory board, and appellee Center School township ceased to occupy and use said 1 acre for school purposes, and the same has not been used for school purposes since that date.
On March 28, 1929, appellees, except appellee Riggen, offered for sale the 1-acre tract and entered into a contract with appellee Riggen to convey the same to him upon furnishing him an abstract showing merchantable title thereto in Center School township.
Appellees and each of them deny that appellant has any interest in said 1-acre tract and have refused his demand for possession thereof. The trustees named in the deed by the Burks, for and in behalf of said township, shortly thereafter entered into possession of the 1-acre tract, and out of the funds belonging to the township erected a school-house thereon, and said building and the present building and the grounds were used and occupied by Center School township for school purposes until the year 1928, at which time the school was discontinued by the trustee of said township for the reason that there were too few pupils in the school district in which said building was situated and no school has been conducted therein since that date.
On February 27, 1929, a petition signed by a majority of the...
To continue reading
Request your trial