Scribner v. Holmes
| Citation | 16 Ind. 142 |
| Parties | Scribner v. Holmes |
| Decision Date | 30 May 1861 |
| Court | Indiana Supreme Court |
APPEAL from the Marion Circuit Court.
The judgment is affirmed, with 5 per cent. damages and costs.
J. W. Gordon and Jno. A. Beal, for the appellant.
D. McDonald, for the appellee.
This case was tried on May 16, on which day a motion for a new trial was overruled, exception taken, and leave given to file a bill of exceptions in thirty days. The bill was not filed until July 6. That was too late. A legal public highway, in actual use, is not embraced in a general covenant against incumbrances. It would be unreasonable that it should be. See Rawle on Cov. 141, et seq.
The judgment is affirmed, with 5 per cent. damages and costs.
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First Unitarian Society of Iowa City v. Citizens Sav. & Trust Co., Iowa City
... ... 87 (78 N.W. 399); Weller v. Trust ... Company (Ky.), 64 S.W. 843; Kutz v. McCune , 22 ... Wis. 628 (99 Am. Dec. 85); Scribner v. Holmes , 16 ... Ind. 142; Wilson v. Cochran , 46 Pa. 229; Huyck ... v. Andrews , 113 N.Y. 81 (20 N.E. 581, 3 L. R. A. 789, 10 ... Am. St ... ...
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...applied in the case of a highway opened and in use upon the land at the time of the conveyance: Rawle on Covenants, 141 et seq.; Scribner v. Holmes, 16 Ind. 142. principle seems fully applicable to the present case. There is no material difference, so far as this question is concerned, betw......
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First Unitarian Soc'y of Iowa City v. Citizens' Sav. & Trust Co.
...v. Mossman, 58 Neb. 87, 78 N. W. 399;Weller v. Trust Company (Ky.) 64 S. W. 843;Kutz v. McCune, 22 Wis. 628, 99 Am. Dec. 85;Scribner v. Holmes, 16 Ind. 142;Wilson v. Cochran, 46 Pa. 229;Huyck v. Andrews, 113 N. Y. 81, 20 N. E. 581, 3 L. R. A. 789, 10 Am. St. Rep. 432;Railway Co. v. Beeson, ......
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