Mossman Yarnelle Co. v. Fee
Indiana Court of Appeals
From Dekalb Circuit Court ¡Howard W. Mountz, Special Judge. Action by Electa Fee against Mossman Yarnelle Company. From a judgment for plaintiff, the defendant appeals.
1Dissent
DISSENTING OPINION.
Nichols, J.
I do not concur in the majority opinion. It will be observed that' in the administrator’s petition for sale, it was averred that his decedent was the owner of all the real estate involved at the time of his death. This was a necessary averment under the statute. Without such an averment and a finding of the court to that effect, there would have been no valid order for the sale of the undivided two-thirds thereof; for, as there was a widow, under the statute she owned the undivided one-third of the real estate of which her husband died seized, and this was not…
2Cases cited15 opinions
- Whitesell v. StricklerIndiana Supreme Court · 1906
- Armstrong v. HuftyIndiana Supreme Court · 1899
- Corrothers v. SargentWest Virginia Supreme Court · 1882
- Bodkin v. ArnoldWest Virginia Supreme Court · 1898
- Hutchinson v. LemckeIndiana Supreme Court · 1886
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