Gorney v. Gorney

Separate Opinion

Jackson, J.

— This matter came to this court on petition to transfer from the Appellate Court. Transfer was denied and this opinion is directed to such denial. The Appellate Court opinion is found in 181 N. E.' 2d 779.

The discussion in this opinion can he and is narrowed to two issues. The complaint and amended complaint allege that appellants, as of June 1, 1950, persuaded one Frank Gorney to convey to them the following described real estate:

“This Indenture Witnesseth, That Frank Gorny, single and of adult age of St. Joseph County, in the State of Indiana, Convey and Warrant…