Leonard v. Whetstone

• Decision Date: 06 October 1903
• Citation: 34 Ind.App. 383,68 N.E. 197
• Parties: LEONARD v. WHETSTONE et ux.
• Court: Indiana Appellate Court

34 Ind.App. 383

68 N.E. 197

LEONARD

v.WHETSTONE et ux.¹

Appellate Court of Indiana, Division No. 1.

Oct. 6, 1903.

Appeal from Circuit Court, Tipton County; W. W. Mount, Judge.

Action by Della Leonard against John Whetstone and wife. From a judgment in favor of defendants, plaintiff appeals. Affirmed.

Shirts & Fertig, John E. Garver, and Dan Waugh, for appellant. Stuart & Reagan, for appellees.

HENLEY, J.

In this appeal, error is properly assigned, presenting the questions arising out of the action of the trial court in sustaining the demurrer of appellees to the two paragraphs of complaint filed by appellant. Each paragraph of the complaint seeks to recover damages from appellees for injuries sustained by appellant by reason of the alleged wrongful acts of appellees in procuring their son to cancel and break a marriage contract existing between him and appellant, the said son having at the time seduced appellant and begotten her with child. The averments of the first paragraph of complaint are briefly as follows: That appellees are possessed of a large amount of property; that the families of appellant and appellees resided in the same neighborhood, and were intimately acquainted, and of equal social standing; that the son of appellees was a young man of intelligence and fine address, and was in every way fitted to be the husband of appellant; that said son, with the knowledge and consent of appellees, for three years was appellant's suitor, and was often at her home and with her in public; that he won her love, and they became engaged to be married, and that, under such promise to marry, said son seduced appellant and begot her with child; that appellees knew these facts before they committed the alleged wrongful acts. It is further alleged that appellant was in every way fit and competent to become the wife of said son, and that, being pregnant by him, she requested him to marry her at once, in order to protect her good name; that said son agreed to do so, and applied for a license to marry her; that appellees learned of said facts, and conspired together to wrong the appellant and to prevent the marriage, by maliciously persuading, commanding, and hiring their said son not to marry appellant, and to violate his said marriage contract; that appellees falsely stated to the clerk of the circuit court that their said son was a minor, and commanded the clerk not to issue the marriage license, and, to further cause said marriage contract to be broken, they told their said son that if he married appellant they would drive him from home, and disown and disinherit him; that appellees hired another person to take said son to parts unknown, and paid said son large sums of money to remain away, so that appellant could not communicate with him; that by reason of said acts and words of appellees the said son refused to marry appellant; that thereupon appellant sued the said son for breach of said marriage contract and for seduction, and recovered a judgment against him for $5,000; that no...