73 Ind. App. 92 | Ind. Ct. App. | 1920
This action by appellees against appellants and others was to quiet title to certain real estate m Boone county, Indiana. The appellees’ complaint was in the 'ordinary form of such actions. There was an answer in general denial to the complaint by part of the appellants who also filed eventually an amended second paragraph of cross-complaint, which will hereafter be designated as cross-complaint. Appellees Beck and Randel filed their separate demurrers and appellee Bevington filed his separate demurrer to said cross-complaint, each of which was sustained, and, cross-complainants refusing to amend the same and electing to stand thereon, judgment was rendered against them on said cross-complaint for costs. The cause was tried by the court, and judgment was rendered for appellees quieting their title to the real estate described in the complaint. After motion for a new trial, which was overruled, appellants now prosecute this appeal.
The cross-complaint avers in substance as follows: On February 20, 1890, Eliza H. Taylor, James
Marion Taylor caused a summons to be issued on said complaint for all of his children, all of whom were named as defendants in said complaint, and such summons was duly served upon said defendants and due return made thereof. There were no other defendants to said action than the children of Marion Taylor, except said Mary H. Taylor, his wife, who made default, and permitted a decree entered against her. After default of the said children, a guardian ad litem was appointed by the court upon the request of the said Marion Taylor, and such guardian ad litem accepted such appointment with the understanding and belief that his duties were merely formal. Having no knowledge of the nature of said action, nor how the same was to affect the interests of the children for whom he acted,
After the rendition of the decree in said former action, one of said children, Lue E. Taylor, married one Jack McKern, by whom she had two children, Artie and Audra McKern, and died before the beginning of this suit, leaving her said children as her only heirs at law, and the said Gussie F. Taylor married and died before the bringing of this suit leaving two children, said Ralph and Delma Taylor, and his wife, Minnie Taylor, as his only heirs at law. His wife afterward married one Hawley and is now known as Minnie Hawley. The said Rosa E. Taylor before the beginning of this suit married one Gerald Jackson, and is now known as Rosa E. Jackson, and said Mary H. Taylor, wife of the said Marion Taylor, died long before the beginning of this suit.
Cross-complainants say that the order and judgment of the court in the former action was and is void, because of the manner in which it was procured, and that it ought to be set aside. After the entry of said former
The errors assigned and relied upon for reversal are that the court erred in sustaining the separate demurrers of each of the appellees to the cross-complaint, and that the court erred in overruling the motion for a new trial.
The substantial question that we need to consider is whether the ruling of the court in sustaining the demurrers of appellees to the cross-complaint was error, for, as is said in appellant’s reply brief, if this ruling was right, no error was committed in the admission of
The judgment of the court in favor of appellees was sustained by the evidence, and was not contrary to law, and the motion for a new trial was properly overruled. The judgment is affirmed.