Opinion
No. 12,238.
Filed June 30, 1925.
From Allen Superior Court; Carl Yaple, Special Judge.
Action between Homer Lennington and another and Ort A. Lennington and others. From the judgment rendered, the former appeal. Reversed. By the court in banc.
Lee J. Hartzell and Levi A. Todd, for appellant.
Reversed on authority of Miller v. Julian (1904), 163 Ind. 582, 72 N.E. 588. But see, Walpole's Admr. v. Bishop (1869), 31 Ind. 156; Finnegan v. Finnegan (1890), 125 Ind. 262, 25 N.E. 341; Jewell v. Gaylor (1901), 157 Ind. 188, 60 N.E. 1083.