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McKINLEY ETC. ET AL. v. OVERBAY

No. 19,380.

132 Ind. App. 272 (1961)

177 N.E.2d 389

McKINLEY, EXECUTRIX ETC. ET AL. v. OVERBAY.

Court of Appeals of Indiana.

Filed October 5, 1961.

Attorney(s) appearing for the Case

Shake & Welsh, of Vincennes, and J. Raymond Powell, of Linton, for appellants.

Horace A. Foncannon, Jr., Lewis & Lewis, James L. Lewis, all of Vincennes, and McDonald & McDonald, of Princeton, for appellee.

COOPER, J.

This is an action wherein an executrix of the estate of Orlando Overbay sought to partition real estate and quiet title to an undivided one-half interest therein upon the theory of an alleged resulting trust against the appellee herein, Mary J. Overbay, in the Circuit Court of Knox County.

It appears from the record that the cause was venued to Greene County, and, after the issues were formed, the...

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