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Moseley v. Bishop

Indiana Court of Appeals
470 N.E.2d 773 (1984)


Facts

Henry Moseley and William Bohn owned adjoining farms. Henry’s land was drained by an open ditch across Bohn’s land. In 1896, Henry and Bohn entered into a contract. In exchange for $40, Bohn agreed to place drain tile in the ditch. Bohn also agreed to permanently maintain the drain. Henry’s property was later acquired by Edith Moseley (plaintiff). Bohn’s property was later acquired by Merrill and Joanna Gates (defendants) and 16 others (the landowners) (defendants). The drain ran exclusively across the Gates’ land. In 1982, Edith discovered that the drain was broken or blocked. Edith subsequently brought suit against the Gateses and the landowners, arguing that they were bound by the covenant to permanently maintain the drain. The trial court found that the covenant was not binding upon the Gateses and the landowners. Edith appealed.

Rule of Law

Issue

Holding and Reasoning (Young, J.)

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