Voorhees v. Hushaw
Indiana Supreme Court
APPEAL from the Fountain Circuit Court. Suit by the appellees against the appellants and others for partition of the lands of Solomon Hushaw, deceased, of whom the plaintiffs and defendants were tbe heirs at law.
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APPEAL from the Fountain Circuit Court. Suit by the appellees against the appellants and others for partition of the lands of Solomon Hushaw, deceased, of whom the plaintiffs and defendants were tbe heirs at law. Among other averments, the complaint alleged that Solomon Hushaw, a short time before his death, procured a tax deed for about eighty acres of the lands sought to be partitioned to be made to his daughter Rebecca, one of the appellants; and charged that the sale for taxes was illegal, and that said deed vested no good title in said Rebecca. To this part of the complaint the…
1Opinion of the CourtElliott, J.
The first question urged by the appellants for a reversal of the judgment is, that the complaint is bad. But they have failed to furnish such an abstract of the complaint as to present the question, and we are not required, therefore, to examine it. It may, however, be proper to remark that the complaint is in a single paragraph, and a demurrer was filed to a part of it, which was correctly overruled, and might properly have been stricken out or rejected, as a demurrer to a pai’t of a paragraph of a complaint is not permissible under the code. O'Haver v. Shidler, 26 Ind. 278.
The objection…
2Cases cited2 opinions
- Ridgway v. MorrisonIndiana Supreme Court · 1867
- O'Haver v. ShidlerIndiana Supreme Court · 1866
3Cited by4 opinions
- Binkley v. ForknerIndiana Supreme Court · 1889
- Hilton v. MasonIndiana Supreme Court · 1883
- Mathews v. NormanIndiana Supreme Court · 1873
- Smith v. WalkerIndiana Court of Appeals · 1893