NADERMAN v. SMITH

No. 16A048608-CV-265.

512 N.E.2d 425 (1987)

George C. NADERMAN, Justin Naderman, Rose M. Baur, Jane C. Reed, Edna Ann Cardinal, Albert F. Naderman, Esther D. Ruehl, and Estate of George J. Naderman, Appellants, v. Lawrence A. SMITH, Rebecca M. Smith, Their Heirs, Assigns, and Others Taking, through and by Them, Appellees.

Court of Appeals of Indiana, Fourth District.

August 31, 1987.


Attorney(s) appearing for the Case

Kevin W. Ault, Clarkson Law Offices, Rushville, for appellants.

Margaret A. Polanski, Margaret A. Polanski, Pro. Corp., Greensburg, for appellees.


MILLER, Presiding Judge.

The Appellants (the Nadermans) initiated suit to quiet title to a ten foot wide gravel lane which runs from the County Road on the Appellees' (the Smiths) property to the Nadermans' farmland. The Nadermans claimed fee simple ownership of the lane through adverse possession (Count I); that the Smiths had trespassed on the private road and destroyed a hedge, trees, and gates (Count II); and sought a permanent injunction against the Smiths proscribing...

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