39 Ind. App. 467 | Ind. Ct. App. | 1906
Lead Opinion
Flora Hawkins, as guardian of the person and estate of Oliver M. Griffin, a person of unsound mind, brought suit against John M. Hurst, upon whose death the appellants, by order of the court below, pending the proceedings therein, were substituted as defendants. Such proceedings were had that thereafter judgment was rendered March 80, 1905, whereby it was adjudged and decreed that the plaintiff’s ward — said Griffin — was the owner in fee simple of a certain undivided part of certain described real estate in Kosciusko county, and that certain sheriff’s sales were invalid as to said portion of the real estate and should be set aside, i. Erom this judgment the defendants therein brought this "pretended appeal making “Flora Hawkins, as guardian of the person and estate of Oliver M. Griffin,” the sole appellee. The transcript of-the record on appeal was filed March 5, 1906. The appellee, June 15, 1906, filed her verified petition and motion to strike the appeal from the docket, showing that July 12, 1905, after the rendition of said judgment in favor of her ward, he died at Boone county, Indiana, and left surviving him as his only heir at law his sister, said Elora Hawkins, who as such heir sue
The motion of the appellants to amend the assignment of errors is overruled, and the appeal is dismissed
Rehearing
On Petition for Rehearing.
The only claim of concealment or deception is of a negative sort. Appellee was under no obligation whatever to inform appellants of the death of her ward. Appellants made no effort to ascertain the condition of the guardianship during the period from the rendition of the judgment to the taking of the appeal. And, while they did hot live in the same vicinity, yet, with the modern means of communication, this is no valid excuse. Moreover, appellants took their appeal only twenty-five days before the expiration
Rehearing denied.