Gaylor v. McHenry

This was a suit for partition, brought by the appellant, Mary Ann Ilayden, now Gaylor, against the heirs of Hosea Hayden, her late husband. They appeared and answered, that at the time of his death she was living apart and separate from him, in Rush county, in adultery. Upon this question an issue was formed, and by agreement of parties, submitted to a jury. The verdict was affirmative upon the question so submitted. The judgment was for the defendants,- and stated the fact found by the jury.

It is urged that the Court erred, in receiving and excluding evidence, in giving and refusing…