48 Ind. App. 403 | Ind. Ct. App. | 1911
On September 5, 1905, appellant commenced this suit against appellees, to confirm a way of necessity across appellees’ land. The issues submitted to the court for trial were formed by a complaint, answered by (1) a general denial, (2) the fifteen-year statute of limitations, (3) former adjudication. There was a reply in denial. A trial resulted in a finding and judgment in favor of appellees.
In the case of Morgan v. Moore (1855), 3 Gray 319, 322, it
The case at bar calls for the adjudication of a right of way acquired by grant over land, and is, therefore, within the statute authorizing a new trial as of right.
Judgment reversed, with instructions to sustain appellant’s motion, and grant him a new trial.