31 Ind. App. 575 | Ind. Ct. App. | 1903
The complaint in this case was attacked by demurrer. The trial court held the complaint sufficient. Its averments were substantially as follows: That appellant is a corporation; that appellee on the 21st day of May, 1889, leased to one Edmund PI. Ford, by an instrument in writing, a copy of which is filed as an exhibit, certain real estate in Grant county, Indiana, which lease was for the express term of five years from the date of the lease, and was for the purpose of giving, the lessee the right to drill and operate for gas and oil; that this lease was recorded on
The complaint is insufficient as a complaint to quiet title because it fails to show title in appellee. Chapman v. Jones, 149 Ind. 434, and cases cited.
It is insufficient as a complaint to quiet title for the further reason that it does not aver that appellant is claiming any interest adverse to the appellee’s title, or that any claim of the appellant’s is unfounded and is a cloud upon the appellee’s title. Conger v. Miller, 104 Ind. 592, and cases, cited.
The complaint shows on its face that the lease was for a term of five years; that the term of the lease had expired more than six years before this action was brought. Neither by the terms of the lease nor the averments of the complaint is it shown that appellant was contending that the lease in any manner affected the real estate at the time the action was commenced, nor is it shown by averment or necessary inference that appellee was the owner of any
The complaint does not state a cause of action. Judgment reversed.