Flinn v. Owen

This was a bill in chancery, filed by a part of the heirs of Zadock W. Flinn, deceased, to set aside the probate of his will, and cancel the instrument admitted to probate. An issue was made up and submitted to a jury, who found the instrument in controversy not to be his will. The court rendered a decree upon this finding, and the defendants appealed.

The case has been argued fully upon the evidence, but we forbear the expression of an opinion upon that, as there must be another trial, and new testimony may be offered.

Thé ground of reversal is this: The actual issue tried before the jury, and…