Thompson v. Penn

Opinion of the Court by

Chief Justice Hobson

Reversing.

*159David Penn sold to A. S. Thompson some land in Bourbon county and tendered Thompson a deed, which he declined to accept, doubting if the title was good. Thereupon they filed this agreed case in the Bourbon Circuit Court to obtain a judgment of the court as to the sufficiency of the title. The circuit court held the title good, and Thompson appeals.

The' facts of the case are these: Joseph Penn, the father of David Penn, was the owner of the land up to the time of his death, about the year 1900. He resided in Marion county, Indiana, and left…