Daugherty v. Daugherty

• Decision Date: 16 February 1949
• Docket Number: No. 17799.,17799.
• Citation: 83 N.E.2d 902,119 Ind.App. 180
• Parties: DAUGHERTY et al. v. DAUGHERTY et al.
• Court: Indiana Appellate Court

119 Ind.App. 180

83 N.E.2d 902

DAUGHERTY et al.

v.DAUGHERTY et al.

No. 17799.

Appellate Court of Indiana, in Banc.

Feb. 16, 1949.

Appeal from Whitley Circuit Court; Lowell L. Perfley, Judge.

On petition for rehearing.

Petition denied.

For former opinion, see 83 N.E.2d 485.C. W. H. Bangs and U. S. Lesh, both of Huntington, for appellants.

Herbert B. Spencer and Kenner, Carlson & Gordon, all of Huntington, for appellees.

ROYSE, Presiding Judge.

Appellants, in their petition for rehearing, contend we erred in holding the question presented by the fourth paragraph of complaint was merely incidental to those presented and determined at the prior trial on the first three paragraphs of complaint. In support of this they assert that by the fourth paragraph they are claiming title to this property by the law of descent from Thomas B. Daugherty. However, they apparently overlook the important fact they can have no title as heirs of said decedent to property he conveyed by valid deed to others before he died. We have previously held that the property involved here was so conveyed. Daugherty et al. v. Daugherty et al., Ind.App.1947, 75 N.E.2d 427 (Transfer denied).

Petition for rehearing denied.