Herbst v. Smith

This was an action by Lucy Herbst, Charles Herbst and John Herbst, against the appellee, to recover a piece of land describe 1 as a strip of land six poles in width off the south side of the north-east quarter of the south-west quarter of section 16, township one (1) south, of range six (6) east, in Clark county, Indiana, containing two and % acres.

Trial by the court; finding and judgment for the defendant. New trial refused.

John Herbst, the elder, died seized of the quarter quarter section above described, leaving his widow, Lucy Herbst, and John Herbst and Charles Herbst, his children, and…