47 Ind. App. 214 | Ind. Ct. App. | 1911
— Appellees brought this suit against appellants for possession of certain land in Lake county, Indiana, and to quiet their title thereto. The complaint was in three paragraphs. A demurrer to each paragraph was overruled. Trial and a decree for appellees, quieting their title, and a judgment for possession.
Appellants insist that the complaint does not state facts sufficient to constitute a cause of action, and that the court erred in overruling appellants’ demurrer to each paragraph of the complaint. Under these assignments of error but one question is presented for our consideration: Does the complaint contain a sufficiently definite description of the real estate to be good as against a demurrer for want of facts 1
The real estate is described in the complaint as follows: The west half of lot three north of the “Indian Boundary Line, ’ ’ and the west half of the south half of the northwest quarter south of the “Indian Boundary Line” (excepting therefrom five acres in the southeast quarter thereof), all in section thirty-two, township thirty-seven north, range seven west, of the second principal meridian, in Lake county, Indiana, comprising the west half of the northwest fractional quarter of said section thirty-two, the west line
In the ease of Cunningham v. McCollum (1884), 98 Ind. 38, the court considered the case of Brown v. Anderson (1883), 90 Ind. 93, and as to what that ease holds said: “It was held that the description was sufficient, if the land could be identified by the sheriff, with the assistance of a surveyor, aided by one having knowledge of the former location of an ancient fence. Where land or a house is known by a certain name, it may be well described by that name, .as the house called ‘the Black Swan/ the farm called ‘White Acre/ the ‘Manor of Dale/ etc.”
We firmly adhere to the rule that the complaint must describe the premises in question with such certainty that an officer may execute the order of the court and put the claimant in possession. Reid v. Klein (1894), 138 Ind. 484; Reid v. Mitchell (1884), 95 Ind. 397.
Judgment affirmed.