Citizens National Bank of Whitley County v. Stasell

STATON, Judge.

The appellants, Citizens National Bank of Whitley County and Giovanna Martin, appeal a negative judgment to the quiet title action and accounting for rents and profits instituted in the court below. Appellants urge the following issues for our review:(1) Whether the trial court properly applied the doctrine of equitable election;(2) Whether the trial court required the correct burden of proof with respect to the doctrine of equitable election;(3) Whether the trial court properly construed the will of Eva Martin; and,(4) Whether the introduction of certain evidence was proper.

We…