Friebe v. Elder
Indiana Supreme Court
Prom Starke Circuit Court; Enoch Myers, Special Judge. Action commenced by Paulina Friebe against Elmer D. Elder and others, in which Adolph Friebe and others were substituted as parties plaintiff on the death of the original plaintiff. From a judgment for defendants, the plaintiffs appeal. (Transferred from the Appellate Court under subd. 2, §1394 Burns 1914, Acts 1901 p. 565.)
1Opinion of the CourtMorris, C. J.
This was an action for partition, commenced by Paulina Friebe against appellees, in February, 1908. The plaintiff died testate on August 29, 1909, and appellants, as her devisees, were substituted in the court below, as parties plaintiff. The complaint proceeds on the *599theory that said Paulina Friebe was the widow of Henry Friebe, deceased, and, as such, the owner of the undivided one-third of 160 acres of land. The first paragraph is in the ordinary short form containing only the averments rendered necessary by statute, and requires no further consideration because appellants rely on their…
2Cases cited23 opinions
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- Earle v. EarleIndiana Supreme Court · 1883
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