Avery v. Vail
Indiana Court of Appeals
From Clinton Circuit Court; Joseph Combs, Judge. Action by Rebecca Vail and others against Elwood Avery and others. From the judgment ren- dered, Elwood Avery and others appeal.
1Opinion of the CourtFelt, J.
This suit was brought for partition and to quiet title to real estate. The undisputed facts show that Eobert Andrew died intestate, the owner of the real estate in controversy, and left as his only surviving relatives, certain first, second and third cousins. The amended petition for partition was filed by certain second and third cousins against appellants and a large number of persons, some of whom were alleged to have no interest in the real estate, but it was further alleged that the plaintiffs and a large number of the defendants were the owners in fee simple as tenants in common of the…
2Cases cited13 opinions
- Bruce v. BissellIndiana Supreme Court · 1889
- In Re the Accounting of DavenportNew York Court of Appeals · 1902
- Adee v. . CampbellNew York Court of Appeals · 1879
- Greenbush Cemetery Ass'n v. Van NattaIndiana Court of Appeals · 1911
- Van Cleve v. Van FossenMichigan Supreme Court · 1889
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3Cited by3 opinions
- Dailey v. PughIndiana Court of Appeals · 1921
- Todd v. EhresmanIndiana Court of Appeals · 1961
- Brundage v. HoffmanIndiana Court of Appeals · 1958