Busenbark v. Clements

— Transferred from the Supreme Court. This appeal involves the validity of a street assessment. Appellants answered appellees’ complaint by alleging that in 1874 James Busenbark died testate, the owner in fee of the land in controversy, which land he left by will to appellants subject to a life estate in his widow; that his will was duly probated and recorded; that the widow then resided, and still resides, on the land; that, afterwards, appellee city of Crawfordsville, by proper proceedings against the widow and these appellants, opened Pike street through this real estate, and improved the…