Hornung v. Biggs

— Action by Appellant, Hubert Hornung, Executor of the estate of Amelia Hornung (plaintiff in the court below) against the Appellee, Clara Biggs, for partition of certain real estate. Appellee filed a cross-complaint asserting that she was the sole owner of the real estate and asking that her title be quieted.

The evidence was presented to the Court on a stipulation of facts, and the Court found in favor of Appellee on her cross-complaint. Appellant filed a timely motion for a new trial, which was overruled. This appeal followed.

The grounds relied upon in the motion for a new trial are the…