Legal Opinion

Van Buskirk v. Stover

Indiana Supreme Court

Decided April 7, 1904No. 19,952PublishedCited by 4 opinions

From Madison Circuit Court; J. F. McClure, Judge. Suit by Lydia Stover against Frank Van Bugkirk and others. From a judgment for plaintiff, defendants appeal. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtMonks, J.

This action was brought by appellee against appellants for partition of real estate. Appellants, Van Buskirk and Van Buskirk, filed an answer in two paragraphs, the first being a general denial. It was alleged in the second paragraph that said real estate could not be “partitioned without great and permanent damage to said land and to the interest of the defendants therein, and that it will be to the best interest of all the parties that a commissioner be appointed, and said real estate be sold.” The other appellants, being minors, answered in two paragraphs by a guardian ad litem, the first…

2Cases cited4 opinions

  1. Zimmerman v. GaumerIndiana Supreme Court · 1899
  2. Clark v. StephensonIndiana Supreme Court · 1881
  3. Singer v. TormoehlenIndiana Supreme Court · 1898
  4. Allen v. AdamsIndiana Supreme Court · 1898

3Cited by4 opinions

  1. State ex rel. Drudge v. DavissonIndiana Supreme Court · 1910
  2. Blose v. MyersIndiana Court of Appeals · 1915
  3. Camblin v. MetzgerIndiana Court of Appeals · 1932
  4. LaSalle Extension University v. KronewitterIndiana Court of Appeals · 1949

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