Legal Opinion

Banta v. Smith

Indiana Court of Appeals

Decided March 10, 1908No. 6,127PublishedCited by 3 opinions

From Noble Circuit Court; J oseph W. Adair, Judge. Action by John R. Smith against DeWitt C. Banta and others. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtWatson, J.

This was an action in ejectment by appellee against appellants. The cause was tried by the court without a jury. Special findings with conclusions of law thereon were made.

The court found that appellee was the owner of the land in question and entitled to possession, and a judgment was rendered accordingly.

The special findings were, in substance, that Mary C. Ban-ta was the owner in fee simple of certain described real estate. She died intestate, leaving surviving her DeWitt C. Banta, her husband; Earl Z. and Bessie Banta, and Leila Grubb, her children, who were the sole heirs. An adminis:…

2Cases cited5 opinions

  1. Leach v. RainsIndiana Supreme Court · 1897
  2. Huffman v. CopelandIndiana Supreme Court · 1894
  3. Roach v. WhiteIndiana Supreme Court · 1884
  4. Herbert v. RupertusIndiana Court of Appeals · 1903
  5. Pearson v. KepnerIndiana Court of Appeals · 1902

3Cited by3 opinions

  1. Shuey v. LambertIndiana Court of Appeals · 1913
  2. Hampton v. MurphyIndiana Court of Appeals · 1908
  3. Gilkison v. GoreWest Virginia Supreme Court · 1917

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