68 Ind. App. 691 | Ind. Ct. App. | 1918
On August 15, 1913, the Linton Trust Company, as administrator of the estate of Thomas B. Smith, filed its petition in the trial court to sell real estate owned by said deceased at the time of his death to pay debts. The appellants filed separate cross-complaints against the “Linton Trust Com
The appellants filed separate motions for a new trial, which were overruled, and such rulings are assigned as error. The grounds of such motions, viz., that the decision of the court is not sustained by sufficient evidence and is contrary to law, present the controlling questions in this appeal, and such questions are identical for the purpose of discussion.
It appears from the evidence that Thomas B. Smith died, the exact date not being shown, the owner of a certain tract of land situate in Greene county, Indiana, containing fifty-eight acres, and left surviving him his widow, four adult children (appellants) and a minor child, named Martha. On November 12,1912, the widow and adult children filed a complaint in the Greene Circuit Court, naming as sole defendant Martha Smith,- minor, for partition of said land. It is alleged in said complaint, among other things, that plaintiffs have agreed to a division of said land, setting out the particular division agreed upon; that no debts exist unpaid against the estate, and no administrator is necessary; that the widow and each of said children take the respective portions of the tract
It is stipulated and agreed in this case that the judgment and partition made on December 9,1912, as above set out, has never been attacked or set aside.
It is not claimed by appellants that the dismissal or nonsuit of plaintiff was in any sense erroneous. Indeed, their contention is that the evidence conclusively shows the debts had all been paid and satisfied, including the widow’s statutory allowance, and that the administrator had no interest whatever in the lands.
In any event, no substantial right of appellants has been violated by the ruling of the trial court, and hence no reversible error is shown.
Judgment affirmed.
Note. — Reported in 121 N. E. 92.