45 Ind. App. 377 | Ind. Ct. App. | 1910
Suit by appellant ‘ for the partition of real estate. Verdict and judgment for appellee. The overruling of appellant’s motion for a new trial is the only assignment of error that needs to be considered. The facts are not in dispute. They are as follows: In 1878, Lorenzo Van Scyoe died intestate, seized of certain real estate in Marion county. He left surviving him as his sole heirs a childless second wife, Esther Van Scyoc, and a daughter by a previous marriage, Almira Mustard. Shortly after his death there was an amicable partition between the widow and the daughter and an interchange of deeds, the Avidow deeding to the daughter a parcel of 187 acres, and the daughter deeding to the widow a parcel of 182 acres. Both deeds recited that they were executed to confirm the partition. The
The judgment is affirmed.