54 Ind. App. 674 | Ind. | 1913
This was an action brought by appellant against appellee to quiet title to certain real estate in Clay County, Indiana. Appellee, by his cross-complaint, set up that he was the owner of the real estate described in the complaint. The court found for appellee on the issues joined on the complaint, and also on the issues joined on the cross-complaint found that appellee was the owner in fee simple of an undivided one-third in the value of the real estate in question, that the claim of appellant is unfounded and without right, and that appellee is entitled to have his title quieted.
The sole error assigned in this appeal is the overruling of appellant’s motion for new trial, upon the grounds that
The act seems to be somewhat ambiguous in that it does not require that the motion must be made on the second Monday of the particular term of court designated, but
Appellant claims the land in controversy by virtue of a quitclaim deed executed to him in October, 1895, by George C. Benton, and Susan D. Benton his wife, and a warranty deed executed by the same parties in April, 1898. Appellant is a son-in-law of George C. Benton, and one of the executors of his estate. Appellee introduced evidence to show that these deeds were executed to appellant merely to insure the repayment to Editha and Yinette Stevens, wards of Benton, of certain funds of theirs which he had invested for them, and that appellant executed a memorandum agreement by which he promised to reeonvey the lands to Benton when the Stevens claims were paid. The evidence showed that the Stevens claims were fully paid. The chief conflict
Since there is no error which can affect appellant, this conrt will not reverse the judgment of the lower court, and will leave the parties where it found them. Judgment affirmed.
Norn—Reported in 102 N. E. 405. See, also, under (1) 29 Cyc. 930; (2) 27 Cyc. 991; (3) 27 Cyc. 1010, 1024; (4) 14 Cyc. 75; (5) 27 Cyc. 1148; (6) 3 Cyc. 385. As to dower in mortgaged land, see 5 Am. Dec. 233. As to the right of dower in an equity of redemption, see 12 Ann. Cas. 481; Ann. Cas. 1913 B 1310.