RYAN, J.
This was an action instituted by appellant as petitioner in the Tipton Circuit Court to determine his heirship in the estate of Luther M. Cline, deceased. Trial was held by the court and the petition of appellant to be declared an heir of Luther M. Cline was denied. Thereafter, appellant filed his motion for a new trial and appellant assigns as error the overruling of this motion.
The appellant's motion for a new trial is as follows:
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