Haggerty v. Wagner

Dissenting Opinion.

Jordan, J.

I am compelled to dissent from the conclusion reached in the opinion of the majority of the court in this case.

The material and undisputed facts are, in brief, as follows: Appellee, Mary J. Wagner, and Peter Wagner were married on November 22, 1855, in Olay county, Indiana, where they lived together as husband and wife until May 11, 1887, on which date the husband died intestate, leaving an estate of less than ^5,000.00, and left surviving him, as his widow, said Mary J., together with five children. At and prior to May 16, 1856, Peter Wagner, the husband, was the…