73 Ind. App. 400 | Ind. Ct. App. | 1920
Suit by appellees against appellants to quiet title to certain real estate located in the city of Bloomington. In the complaint, which is in five paragraphs, it is averred that on January 1, 1897, Margaret Merker, now deceased, who was the ancestor of appellants, had purchased the real estate in question for her brother, William F. Merker, also now deceased, and his wife and children, appellees herein, and placed said William F. Merker and appellees in possession of such real estate under an oral promise that later the real estate would be deeded to appellees; that the promise to convey the real estate to appellees was a part of a settlement of family differences growing out of the fact-
Appellants’ motion to make certain paragraphs of the complaint more specific having been overruled, they pleaded the general issue and the statute of limitations; also filed a cross-complaint to quiet title. There was a trial by the court, and a decree for appellees quieting their title.
Errors relied upon for reversal are: (1) Overruling appellants’ motion to make the second, third and fourth paragraphs of complaint more specific; and (2) overruling the motion for new trial.
There is evidence to sustain the decision of the court. Judgment affirmed.