Whitaker v. Shuman

Mb. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is an action in assumpsit which was tried before the court without a jury. The court found the issues for the plaintiff, assessed his damages at $267.50 and costs, and rendered judgment therefor.

Prior to her death on July 2, 1909, Sue. M. Patterson, who as doweress was enjoying the income from a tract of land, leased a part of the same to W. D. Pat- ■ terson for the term of one year from March 1, 1909, for $500, for which sum he gave her Ms note. She leased other portions to one Monroe and one Vaughn for one-half the…