Austin v. Willson's Executors
Indiana Supreme Court
APPEAL from the Floyd Circuit Court. In February, 1859, Hiram, Willson died, testate, and his son, Byron F. Willson, and his brother, Asbury C. Willson, soon after became executors of his will. The testator, in his lifetime, was a lumber merchant, and, at his death, was the owner of a large quantity of lumber, then situated, in part, in the city of 'New Albany, Indiana, and in part in the town of Columbia, near the city of Cincinnati, Ohio.
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APPEAL from the Floyd Circuit Court. In February, 1859, Hiram, Willson died, testate, and his son, Byron F. Willson, and his brother, Asbury C. Willson, soon after became executors of his will. The testator, in his lifetime, was a lumber merchant, and, at his death, was the owner of a large quantity of lumber, then situated, in part, in the city of 'New Albany, Indiana, and in part in the town of Columbia, near the city of Cincinnati, Ohio. Soon after their appointment, his executors sold the entire stock of lumber, to John Austin and Péleg M. Wilcox, and received their notes, with personal…
1Per curiam
This case, wej think, clearly falls within the cases of Talbott, Adm’r v. Dennis, 1 Ind. 471. and Chandler, Adm’r v. Schoonover., 14 Ind. 324, if the evidence sustains the finding of the Court.
The rule is, that where the evidence tends to sustain such finding, or the verdict of a jury, the appellate Court will not reverse the judgment of the Court below for alleged error in refusing a new trial. In this case, the evidence is clearly in favor of the finding below. The question of damages will come up before the lower Court, on the dissolution, by that Court, of the injunction it granted herein.
2Cases cited2 opinions
- Chandler v. SchoonoverIndiana Supreme Court · 1860
- Talbott v. DennisIndiana Supreme Court · 1849
3Cited by7 opinions
- Allison v. CrummeySupreme Court of Oklahoma · 1916
- Perkins v. MiddletonSupreme Court of Oklahoma · 1917
- Bevis v. HeflinIndiana Supreme Court · 1878
- Wallace v. BrownIndiana Supreme Court · 1872
- Nugent v. LadukeIndiana Supreme Court · 1882
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