16 Ind. 142
Decided May 30, 1861
Indiana Supreme Court · decided 1861-05-30
<p>A legal public highway, in actual use, is not embraced in a general covenant against incumbrances.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1861-05-30
Cited by 6 later decisions — most recently June 1911
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1This 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.
¶2The judgment is affirmed, with 5 per cent, damages and costs.