79 Ind. App. 466 | Ind. Ct. App. | 1922
It is averred in appellant’s amended complaint in substance that on or about August 10, 1911, appellant entered into a written agreement with the appellees and each of them whereby they leased to appellant for a term of twenty years from said date certain real estate therein described. Said written agreement provided among other things that appellant.
That under the terms and conditions of said written agreement appellant took possession of said real estate and continuously occupied the same and continued to occupy the same and by reason of the premises herein-before set out acquired an estate for years therein and has color of title to an estate for years therein, to wit: twenty (20) years, the same having been acquired by purchase as aforesaid from the owner of the fee simple title to said real estate.
That on or about February 11, 1916, appellee, the Indiana Trust Company, trustee under the will of Peter Lieber, deceased, brought a certain action in ejectment in the circuit court of Marion county, Indiana, against appellant seeking thereby to eject appellant from, said real estate. Upon September 27, 1916, the venue of said cause was changed to Boone county, and on January 20, 1917, the finding and judgment of the court therein was in favor of appellee Indiana Trust Company, trustee, and against appellant. (On appeal the judgment in the former action was affirmed by this court, Kline v. Indiana Trust Co., Trustee (1919), 74 Ind. App. 351, 125 N. E. 434.) That appellant occupied said real estate as aforesaid, and as such occupant in good faith made valuable and permanent improvements thereon which were of the cash value of $12,000, which
Appellant demands judgment for the value of said improvements with interest, and prays that her title to said real estate may be quieted and set at rest against any and all claims of appellees and each of them for a period of twenty (20) years from August 20,1911, and for all other and proper relief.
Section 1127 Burns 1914, §1080 R. S. 1881, defines color of title as follows: “The purchaser in good faith at any judicial or tax sale, made by the proper person or officer, has color of title within the meaning of this act, whether such person or officer had sufficient authority to sell or not, unless the want of authority was known to the purchaser at the time of the sale; and the rights of the purchaser shall pass to his assignees or representatives.”
Section 1128 Burns 1914, §1081 R. S. 1881, provides as follows: “Any occupant of land who can show a connected title in law or equity, derived from the records of any public office, or who holds the same by purchase or descent from any person claiming title derived as aforesaid or by deed duly recorded, has color of title, Within the meaning of this act.”
“By enumerating and specifying what constitutes
That the foregoing sections pertain to title to and ownership in real estate is apparent; but it has been repeatedly held by this court and by the Supreme Court that a lease is personal property. Smith v. Dodds, Admr. (1871), 35 Ind. 452, 456; Mark v. North, Admr. (1900), 155 Ind. 575, 57 N. E. 902; Shipley v. Smith (1904), 162 Ind. 526, 70 N. E. 803; Spiro v. Robertson (1914), 57 Ind. App. 229, 100 N. E. 726; Heaton v. Grant Lodge, etc. (1913). 55 Ind. App. 100, 103 N. E. 488.