58 Ind. App. 437 | Ind. Ct. App. | 1915
Appellee brought this action against' appellants to enjoin a trespass and for damages. In his complaint he alleges that George and Thekla Kessans, his parents, were in 1901 the respective owners of certain described forty and fifty-acre tracts of land, adjoining, that his parents jointly agreed with him that, if he would take possession of said land, reside on it, occupy the house and cultivate the land,
Appellants in their cross-complaint aver that in 1901 appellee leased from George and Thekla Kessans the lands described in the complaint, for the consideration of $100 per year, and the care and support of said George and Thekla Kessans, and continued said lease from year to year, and in July, 1910, appellee notified Thekla Kessans that he did
The question of the title to the land herein involved was not presented by the issues, was not adjudicated by the trial court, and is not determined here.
Judgment affirmed.
Note. — Reported in 108 N. E. 380. Right of trial court to grant new trial on part of issues only, see Ann. Cas. 1913 B 365. See, also, under (1, 2, 3) 29 Cyc. 732.