72 Ind. App. 165 | Ind. Ct. App. | 1919
—The complaint in this case is by the appellee against the appellants to quiet title to real estate located in Marion county, Indiana, and described as the north half of a certain thirty-nine-acre tract off of the north end of the west half of the northwest quarter of section 29, township 16 north, range 5 east; also the east half of a twenty-five-acre tract off of the north end of the east half of the northwest quarter of said section, township and range, containing thirty-two acres.
The appellants answered this complaint by general denial, and filed their cross-complaint for partition of said real estate, alleging that the appellant Andrew H. Bakemeier was at said time the owner of the undivided one-twenty-f ourth ■ part in value thereof, and that the appellee was the owner of the remaining undivided twenty-three twenty-fourths in value thereof. The appellee answered this cross-complaint by general denial. The cause was tried by the court and a finding and judgment rendered in favor of the appellee. There was a motion for a new trial by appellants, which was overruled, to which ruling appellants excepted. This ruling is the only assigned error. The appellants complain in their motion that the decision of the court is not sustained by sufficient evidence and that it is contrary to law. A condensed
It further appears from a condensed recital of the evidence that the title of the appellee and of the appellants is from- a common source, Charles Bakemeier, but that the appellants derived their one-twenty-fourth interest from the share inherited by
Both the appellants and the appellee in their arguments make reference to other items of evidence, but as such evidence has not been brought into the briefs in conformity to the rules of the court, such evidence so referred to is not in any way considered in this decision. ■
Judgment is affirmed.