52 Ind. App. 268 | Ind. Ct. App. | 1912
This is an action to qniet title to and obtain possession of real estate.
At the conclusion of the evidence the trial court, on motion of appellees, defendants below, instructed the jury to find for defendants. The jury returned its verdict in accordance with the instruction, and judgment was rendered on the verdict, from which this appeal is taken.
It does appear, however, from appellant’s brief, that the relief prayed for depends on proof that a deed executed by the father of appellant’s husband and placed in escrow to be delivered to appellant’s husband, now deceased, on the death of the grantor, was, after being placed in escrow and before delivery to the grantee, altered by the insertion therein of a clause which changed the title conveyed from a fee simple to a life estate.
Neither the evidence set out in appellant’s brief as admitted nor that alleged to have been erroneously excluded by the court tends to prove that the deed when placed of record was not in the identical form and condition that it
From appellant’s brief it appears that this ease falls within the above rule, and that no assignment of error, on the facts of the ease disclosed by the brief, should work a reversal of the judgment. City of Logansport v. Jordan (1908), 171 Ind. 121, 133, 85 N. E. 959, 37 L. R. A. (N. S.) 1036, 17 Ann. Cas. 415; Germania Fire Ins. Co. v. Pitcher (1903), 160 Ind. 392, 405, 64 N. E. 921, 66 N. E. 1003; Hedrick v. Robbins (1903), 30 Ind. App. 595, 600, 66 N. E. 704.
The judgment of the lower court is therefore affirmed.
Note. — Reported in 99 N. E. 432. See, also, under (1, 2) 2 Cyc. 1014; (3) 38 Cyc. 1450.