[DOWNLOAD] "Kimmick v. Linn" by Supreme Court Of Indiana # Book PDF Kindle ePub Free

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eBook details

• Title: Kimmick v. Linn
• Author : Supreme Court Of Indiana
• Release Date : January 09, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

SHAKE, J. The appellants were plaintiffs below and brought an action in three paragraphs against the appellees to quiet title to certain real estate. The appellees answered in general denial. There was a court trial, resulting in a judgment in favor of the appellees. This appeal is predicated upon the denial of appellants motion for a new trial, in which it is assigned: (1) That the decision is not sustained by sufficient evidence; (2) that the decision is contrary to law; and (3) that "the court erred in permitting the defendant, Rose Linn, to testify as to matters occurring prior to the death of Arthur F. Linn concerning the execution of a deed by said defendant to said decedent during his lifetime, and wherein the said defendant testified over objection, to the effect that she had never, during the lifetime of Arthur F. Linn, executed a deed for the property involved in this action." Under the most favorable view, the judgment of the trial court rests upon conflicting evidence and must be affirmed, unless the third assignment in the motion for a new trial presents reversible error. The first question for consideration, therefore, is whether said third assignment is sufficient to present any question with respect to the admission of testimony therein referred to. This court and the Appellate Court of Indiana have many times had occasion to consider the sufficiency of a motion for a new trial when error

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