68 Ind. App. 342 | Ind. Ct. App. | 1918
This is an action brought by appellees against appellant to quiet their title to the free use and enjoyment of a certain right of way as a per
Upon these facts the court stated as conclusions of law that appellees were entitled to a decree establishing the way to the full length thereof as bounded by the fences, as a perpetual farm way, in common and appurtenant to all of said lands of appellees and appellant, and enjoining appellant and those claiming under him from closing said way or any part thereof. On these conclusions of law judgment was rendered in favor of appellees.
Appellant filed a motion for a new trial, which was overruled, and has assigned as errors, on which he relies for reversal, that the court erred in stating each of its conclusions of law and in overruling his motion for a new trial.
The chief controversy in this case is over the rights acquired by appellees in the west half of the way by
In the instant case the special finding of facts shows that the way in question is about twenty-two feet wide; that half thereof lies on the west side of the line dividing said sections 23 and 24 and half lies on the
The other contentions made by appellant with reference to the action of the court in overruling his motion for a new trial are fully covered by what we have said relating to the correctness of the conclusions of law, and therefore do not require further consideration.
We find no error in the record. Judgment affirmed.
Note. — Reported in 120 N. E. 600. Licenses: to maintain a burden on land after the licensee has incurred expenses in creating the burden, revocability, 49 L. R. A. 505. See under (1, 2) 25 Cyc 645-649; (6) 85 L. R. A. (N. S.) 193, 19 C. J. 992.