Coon v. Cronk

• Decision Date: 31 March 1892
• Docket Number: 15,629
• Citation: Coon v. Cronk, 131 Ind. 44, 30 N. E. 882 (Ind. 1892)
• Parties: Coon v. Cronk
• Court: Indiana Supreme Court

30 N.E. 882

131 Ind. 44

Coon v. Cronk

No. 15,629

Supreme Court of Indiana

March 31, 1892

From the Hancock Circuit Court.

Judgment affirmed.

J. A New and A. M. New, for appellant.

E Marsh and W. W. Cook, for appellee.

OPINION

McBride, J.

The only question argued by counsel for the appellant is the sufficiency of the evidence to sustain the finding of the circuit court.

The suit was by the appellant for the partition of certain land in which he claimed an interest under the will of his father. The appellee claimed that there had been a parol partition of the lands belonging to the father's estate, in which the appellant had participated; that a written contract was made evidencing the terms of the partition, and that deeds were subsequently executed confirming it; that possession was taken, and thereafter held under the partition thus made; and that, by the terms of such partition, the appellant parted with his interest in the lands in controversy.

There was evidence tending to support the claims of the appellee. Neither the written contract nor the deeds were in evidence. There was evidence, however, admitted apparently without objection, tending to show the execution of both. The evidence is very far from being satisfactory.

It can not be said, however, that there was no evidence tending to support the finding...