Ellis v. Diddy

Perions, J. —

Petition for the assignment of dower in the lands owned by Peter Diddy, deceased. The defendant pleaded in bar of the petitioner’s right to dower. The petitioner demurred specially to the plea. The Court sustained the demurrer, and decreed the dower prayed for.

The defendant’s plea states that, after the death of said Peter, William Latta was appointed guardian of his children, then infants, and that said guardian, at the September term, 1837, of the Elkhart Probate Court, applied for permission to sell said lands of said Peter, deceased; that the sale was ordered; that the lands…