Horner v. Boomershine

The appellee, claiming to be the illegitimate daughter of one Franklin Juday, brought this action to quiet her title to certain lands of which said Juday died seized. From a verdict and judgment in favor of appellee, and quieting her title to said lands, this appeal is prosecuted by the appellants who are the collateral heirs of said Juday. The error assigned is the action of the court in overruling the motion for a new trial, under which are presented the matters hereinafter considered.

Upon the trial it was stipulated that Franklin Juday died, intestate, a resident of Elkhart county,…