67 Ind. App. 433 | Ind. Ct. App. | 1918
This suit was brought by appellant against appellees to declare void and annul certain deeds, and also to set aside the will of Lucinda E. Foreman, deceased, in so far as the same affects the 100 acres of real estate conveyed by decedent to Wilma N. Wright, by the deed as hereinafter mentioned. The complaint is in one paragraph.
Appellees’ separate demurrers for insufficiency of the facts alleged to state a cause of action were each sustained. Other grounds of the demurrers are not considered in the briefs. To each of such rulings appellant excepted, refused to plead over, and elected to stand upon the rulings so made. Thereupon the court rendered judgment that appellant take nothing by her complaint and pay the costs of the suit. From this judgment appellant prayed and was granted an appeal.
The errors assigned challenge the correctness of each of the rulings on the demurrers to the complaint.
The substance of the complaint, as far as material here, is as follows: Appellant, Wilma 1ST. Wright, was born on April 8,1909. She was the natural child of Eva Slack, and her father died prior to December 15,1909. The mother was in indigent circumstances, and Lucinda E. and Williám E. Wright, then husband and wife, desired to adopt the child. Lucinda E. Wright was at that time the owner of 226 acres of real estate in Howard county, Indiana, and offered to adopt appellant, and promised her mother “that the child should inherit from her the 226 acres of land which she owned” if the said Eva Slack would
The memorandum with each demurrer states (1) that the complaint shows upon its face that the contract sued upon is void under the statute of frauds; (2) that plaintiff shows that she has no title whatever in and to the real estate for which she sues.
Appellant cites and relies upon certain decisions by courts outside of Indiana as follows: Horner v. Maxwell (1915), 171 Iowa 660, 153 N. W. 331; Quinn v. Quinn (1894), 5 S. D. 328, 58 N. W. 808, 49 Am. St. 875; Chehak v. Battles (1907), 133 Iowa 107, 110 N. W. 330, 8 L. R. A. (N. S.) 1139, 12 Ann. Cas. 140; Logan v. Wienholt (1833), 7 Bligh (H. L.) 1; Gregor v.
The court did not err in sustaining the demurrers to the complaint. Judgment affirmed.
Note. — Reported in 119 N. E. 379. Validity of oral agreement to devise land, 20 Ann. Cas. 1137; Ann Cas. 1915A 463. Right Of adopted child to inherit from adopted parents, 39 Am. St. 225.