Kelley v. Armstrong
Kelley v. Armstrong
Opinion of the Court
The object of pleadings, in addition to invoking the jurisdiction of the court, is to inform the parties of the respective claims of each and of the issues for determination at the trial.
Measured by this definition it is exceedingly doubtful whether the pleadings in this case make an issue as to the title to the 40-foot roadway, for the same right exists in the plaintiffs to protect the easement against damage by the diversion of the water course that exists to protect the fee against damage by diversion of the water course. But assuming that the court, regardless of the pleadings, had jurisdiction of the subject-matter of the title to the land included in the 40-foot roadway, upon the theory that the jurisdiction of the court invoked in an equity case attaches for all purposes necessary to afford complete relief, which does not seem apparent in this case, we have been unable to find any
Where a right to use is conferred by grant, any use reasonably consistent with such grant will be. referable to such grant and will not be deemed adverse.
For these reasons the judgment of the court of appeals is reversed and the cause remanded for further proceedings according to law consistent with the protection of the easement of the defendants in error in the east 30 feet of the roadway as platted along the entire east side of lot 17.
Judgment reversed, and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.