Scribner v. Holmes

Indiana Supreme Court

Scribner v. Holmes

16 Ind. 142, 1861 Ind. LEXIS 52

CourtIndiana Supreme Court

DecidedMay 30, 1861

StatusPublished

Cited by8 cases

This text of 16 Ind. 142 (Scribner v. Holmes) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scribner v. Holmes, 16 Ind. 142, 1861 Ind. LEXIS 52 (Ind. 1861).

Pincite

Opinion

Per Curiam.

This case was tried on May 16, on which day a motion for a new trial was overruled, exception taken, and leave given to file a bill of exceptions in thirty days. The bill was not filed until July 6. That was too late. A legal public highway, in actual use, is not embraced in a general covenant against incumbrances. It would be unreasonable that it should be. See Rawle on Cov. 141, et seq.

J. W. Gordon and Jno. A. Beal, for the appellant. D. McDonald, for the appellee.

The judgment is affirmed, with 5 per cent, damages and costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This case was tried on May 16, on which day a motion for a new trial was overruled, exception taken, and leave given to file a bill of exceptions in thirty days. The bill was not filed until July 6. That was too late. A legal public highway, in actual use, is not embraced in a general covenant against incumbrances. It would be unreasonable that it should be. See Rawle on Cov. 141, et seq.

J. W. Gordon and Jno. A. Beal, for the appellant. D. McDonald, for the appellee.

The judgment is affirmed, with 5 per cent, damages and costs.

Cite This Page — Counsel Stack

Bluebook (online)

16 Ind. 142, 1861 Ind. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scribner-v-holmes-ind-1861.

Opinion

Related

Cite This Page — Counsel Stack