Duling v. Johnson
Indiana Supreme Court
APPEAL from the Grant Common Pleas. This was- a petition for the partition of real estate- by the appellants, William Duling and Matilda Duling; in person,, and James P. Wilson and William T. Wilson, by guardian, against the appellees, Hannah M. Johnson (formerly Wilson), Gabriel Johnson, Sarah B. Wilson, and Samuel A. Wilson.
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APPEAL from the Grant Common Pleas. This was- a petition for the partition of real estate- by the appellants, William Duling and Matilda Duling; in person,, and James P. Wilson and William T. Wilson, by guardian, against the appellees, Hannah M. Johnson (formerly Wilson), Gabriel Johnson, Sarah B. Wilson, and Samuel A. Wilson. The complaint alleges, that John A. Wilson died,, the-owner in fee simple of certain lands described, in all about two hundred and sixty-seven, acres, leaving;as; his. only heirs-at-law said Matilda Duling (formerly Matilda "Wilson, who has intermarried with said…
1Opinion of the CourtRay, J.
It must be assumed that the admission in evidence of the statements made by John M. Wilson, a few hours before his death, regarding the future disposition of his property, as “ dying declarations,” was an inadvertence, resulting from the little time often given to the judge during the progress of the trial for consideration of the questions he must pass upon. Few rules are more clearly settled than the one excluding all such declarations, except in a certain class of criminal cases. In this case such evidence could not properly be received on that ground;.and as it did not tend to prove the…
2Cases cited1 opinion
- Woolery v. WooleryIndiana Supreme Court · 1868
3Cited by6 opinions
- Montgomery v. StateIndiana Supreme Court · 1881
- Ruch v. BieryIndiana Supreme Court · 1887
- Baum v. PalmerIndiana Supreme Court · 1905
- Harness v. HarnessIndiana Supreme Court · 1875
- DeArmond v. Myers Gravel & Sand Corp.Indiana Court of Appeals · 1967
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