134 Ind. 493 | Ind. | 1893
This was an action in the Jackson Circuit Court by the appellants against the appellees, for the partition of the lands described in the complaint.
The appellants are the children of Hiram Marling, Sr., who died seized of the land, and the appellees are his grandchildren.
The only controverted question in the case relates to an alleged advancement made by the said Hiram Marling, Sr., to the father of the appellees. Upon the issue involving this question the court found for the appellees. The assignment of error calls in question the propriety of the ruling of the circuit court in denying the appellants a new trial.
The evidence on the issue involved was conflicting, and, under such circumstances, we can not disturb the finding of the circuit court.
In addition to the claim that the finding of the circuit court is not supported by the evidence, it is contended by the appellants that the court erred in refusing them a new trial on account of newly discovered evidence.
The newly discovered evidence consists of admissions made by the father of the appellees many years prior to
The court did not err in overruling the motion of the appellants for a new trial.
Judgment affirmed.