Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana - By Horace E. Carter Volume 109 baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ... Pariah r. Kaspare. Southern, etc., Co., 31 Minn. 543; Batchelder v. Hibbard, 58 N. H. 269; Lockhart v. Geir, 54 Wis. 133. A license does not convey any title to the land, and where a mere license is relied on, it must appear that there was a consideration paid for it, or it will be deemed revocable at the will of the person granting it. Glauser v. Jones, 100 Iud. 123; New York, etc., R.W. Co. v. Randall, 102 Ind. 453; Malott v. Price, ante, p. 22. Where a consideration is paid, or value has been parted with, on the faith that the license is perpetual, then it can not be revoked. Rogers v. Cox, supra; Buchanan v. Logansport, etc., R. W. Co., 71 Ind. 265. There can be no title by prescription, because it does not appear that the user was under claim of right. Postlethwaite v. Payne, 8 Ind. 104; Peterson v. 3fcCutlough, 50 Ind. 35; Palmer v. Wright, 58 Ind. 486; McCardle v. Barrieklow, 68 Iud. 356. An owner of land is not shorn of any of his rights by merely permitting, as a favor, another to pass over his land. In order to establish a prescriptive right, something more than mere permissive user must be shown. Goddard Easements (Bennett's Ed.), 134. The use of land for the purpose of passing over it is not inconsistent with the right of ownership, and where there is no inconsistency between the use and the ownership, there can be no prescriptive right. It is not necessary, to establish a prescriptive easement, that there should be color of title; but it is necessary that the use should be under an assertion of right, and not simply a user under a naked license. There is a similarity between the first and second paragraphs of the complaint, but there is nevertheless an essential difference. The allegations which exhibit this difference are these: "And plaintif...