Mason v. The Calumet Canal and Improvement Company
| Decision Date | 26 April 1898 |
| Docket Number | 18,097 |
| Citation | 50 N.E. 85,150 Ind. 699 |
| Parties | Mason et al. v. The Calumet Canal and Improvement Company |
| Court | Indiana Supreme Court |
From the Porter Circuit Court.
Affirmed.
Willis C. McMahan, for appellants.
W. O Johnson, William Johnston and W. P. Fennell, for appellee.
This was an action brought by appellee against appellants and others, to quiet title to certain real estate described in the complaint, and situated in S. 1/2, section 18, and section 19, township 37 N., range 9 W.; and in sections 12, 13, and 24, township 37 N., range 10 W., in Lake county. The lands in controversy, together with other lands, were conveyed to the State of Indiana by the United States, under the swamp land act of 1850, and by the descriptions of the government survey of 1834. By the same descriptions, the lands were conveyed by the State to the remote grantors of appellee. Part of the lands are included in what was once the bed of Wolf Lake and the bed of Lake George; but, since the survey the waters have, in large measure, receded, leaving the lake beds comparatively dry land.
In 1875, certain persons, under the assumption that the beds of the lakes had not been surveyed in 1834, procured a resuvey of that part of the lands formerly covered by the waters; and it is through this last survey, and the sales made in pursuance thereof, that appellants claim title. The case before us, therefore, in so far as concerns source of title, does not differ from that of Kean v. Roby, 145 Ind. 221, 42 N.E. 1011. On the authority of the decision in that case, there can be no question that the resurvey of 1875, as also the sales made thereunder, were wholly invalid, and, consequently, that appellee's title as based upon the original survey of 1834, and the sales made under that survey, is good. No real distinction in this regard has been shown between the two cases.
The second contention is that the action is barred by the fifteen and twenty years' statutes of limitations. This contention is plainly founded upon the same theory as the first, namely, that the appellants obtained some title or took possession of some kind under the void survey of 1875. As to title, as we have seen, there was none. As to possession, the court heard the evidence and did not find nor can we perceive, that the continuous and lawful possession of appellee and its immediate and remote grantors was ever broken by the...
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Annie Kean v. Calumet Canal Improvement Company
...Company in a court of the state of Indiana. The company got judgment, which was affirmed by the supreme court of the state (150 Ind. 699, 50 N. E. 85), and the case is brought here by writ of error. The land in question is land bordering on and extending under certain non-navigable water up......
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State v. Tuesburg Land Co.
...40 N. E. 690;Kean v. Roby (1896) 145 Ind. 221, 42 N. E. 1011;Tolleston Club v. Clough, 146 Ind. 93, 43 N. E. 647;Mason v. Calumet Canal etc., Co., 150 Ind. 699, 50 N. E. 85;Gary Land Co. v. Griesel, 179 Ind. 204, 100 N. E. 673. Whether each of these cases in its class may be reconciled with......
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Bolln v. The Colorado & Southern Railway Co.
... ... Cal. 24; Potts v. Magnes, 17 Colo. 364; Mason v ... Calumet Canal Co., 150 Ind. 699, 50 N.E. 85; ... (1 R. C. L. 796.) Occupation, use and ... improvement of the premises without payment of rent or ... recognition ... (1 R. C. L. 796.) ... Lands of a railroad company may be acquired by adverse ... possession. (2 C. J. 225.) ... ...
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