43 Ind. App. 426 | Ind. Ct. App. | 1909
As stated in appellant’s brief, under head of “Nature of the Action:” “this suit was brought by Jerome A. Gleason, the owner of the fee of the lands described in the complaint, against Elizabeth Gleason, seeking to compel her to keep in repair said property, to prevent her from allowing permissive waste, and to compel her to make such repairs as were then required.” Appellee is the owner of a life estate in said real estate. The proceeding is-in the nature of a mandatory injunction. A demurrer was sustained to the complaint, and, appellant refusing’ to plead further, judgment was rendered against him. The waste complained of was in permitting the buildings to become and remain out of repair, failing to paint them, permitting the roof to sag and leak, etc.
Judgment affirmed.