58 Ind. App. 496 | Ind. Ct. App. | 1915
Appellees, William N. Garrett and James B. Garrett, have filed their motion to dismiss this appeal on the ground that it is a vacation appeal and that James O. Shaw, Melville F. Shaw, John. II. Shaw and Twanette Shaw are the only appellants named in the assignment of errors; that said appellants.have not joined with them, as coappellants, other parties against whom the judgment below was rendered, but, instead, have made all such parties appellees; that, by reason thereof, the court has no jurisdiction of the ease.
The issues and that part of the judgment necessary to an understanding of the question presented are in brief as follows: William Garrett, James B. Garrett and Charles L. Garrett filed a complaint in the court below in which they sought to quiet title to a 180-acre tract of land against the appellants and numerous other defendants (181 in all) named in the complaint. Pending the suit, the first two named plaintiffs purchased from Charles L. Garrett all his interest in the real estate described in the complaint and, by permission of the court, the action was afterwards prosecuted in their names. To such complaint, the defendants
The court upon request made a special finding of facts and stated its conclusions of law thereon. Appellants excepted to each of the conclusions of law, and over their motion for a new trial, judgment was rendered .as follows: “It is thereupon ordered, adjudged and decreed by the court that 'the plaintiffs William N. Garrett and James B. Garrett are the owners in fee simple of the following described real estate: (Here follows a description of the land described in the complaint). That said plaintiffs have possession thereof ; that their title in and to said real estate be quieted and forever set at rest and the defendants and each of them be and they are hereby enjoined from setting up or claiming any right, title or interest in and to said real estate or any part thereof. * * * That the cross-complainants (84 in number, naming them), are the owners by fee simple title of the following described real estate situated in White County, Indiana, to wit: (Here follows a description of
It affirmatively appears from this record that, on the issues tendered by the plaintiffs’ complaint, a judgment was rendered in their favor against appellants and all other defendants to the complaint, and on the issues tendered by the cross-complaint of the James Barr heirs, a judgment was rendered in their favor against appellants and all other defendants to such cross-complaint.
“It is settled law in this State that all joint judgment defendants in the court below must be made coappellants in this court in all vacation appeals or the appeal will be dismissed for want of jurisdiction. * * * There can be but one appeal from the same judgment, and when the same is not a term time appeal all coparties entitled to appeal must be joined as coappellants.” Denke-Walter v. Loeper (1895), 142 Ind. 657, 42 N. E. 358. See, also, Gregory v. Smith (1894), 139 Ind. 48, 38 N. E. 395; Continental Ins. Co. v. Gue (1912), 51 Ind. App. 232, 98 N. E. 147; Trippeer v. Clifton (1912), 178 Ind. 198, 97 N. E. 791, 39 L. R. A. (N. S.) 522; Souers v. Walter (1912), 178 Ind. 599, 99 N. E. 1002; Brown v. Sullivan (1902), 158 Ind. 224, 63 N. E. 302; Ledbetter v. Winchel (1895), 142 Ind. 109, 40 N. E. 1065; Lee v. Mozingo (1896), 143 Ind. 667, 41 N. E. 454; Benbow v. Garrard (1894), 139 Ind. 571, 39 N. E. 162; Mascari v. Hert (1913), 52 Ind. App. 345, 100 N. E. 781; §674 Burns 1914, Acts 1899 p. 5.
Appeal dismissed.
Note.—Reported in. 108 N. E. 536. See, also, 3 Cyc. 185.