73 Ind. App. 523 | Ind. Ct. App. | 1919
Complaint by appellants for partition and to quiet title. Cross-complaint by appellee to quiet title. Decree for appellee quieting his title.
Appellee’s title to the real estate in controversy depended upon a deed signed and acknowledged by Phoebe Folger, October 26, 1912. Appellants contend that said deed was never delivered, and that, if it was delivered, Mrs. Folger at the time of the making and delivery was of unsound mind.
The evidence shows that the deed to appellee was signed and acknowledged by Mrs. Folger, October 26, 1912. A large number of witnesses testified on behalf of appellee as to their, acquaintance with Phoebe Folger, and, after having detailed their observations and conversations with her, were asked their opinions as to whether she was of sound or unsound mind during the latter part of 1912, and the first part of 1913, basing such opinions upon the facts detailed by them as witnesses. Appellants objected to this evidence on the
No reversible error being shown, judgment is affirmed.