1 Ind. L. Rep. 327
Decided May 19, 1881
Indiana Supreme Court · decided 1881-05-19
cited 25 Ind. 479; 2 Hen. & Mun. 173; Hill, on Vendors, p. 316, as to presumption of mistake from differences between actual and estimated quantity of land in a deed, as also 3 Bibb. 46; 5 T. B. Mon. 216; 1 Ired. 299, on same point. cited Hitton v. Martin, 52 Ind. 529; Walker v. Woolen, 54 Mo. 164, that a record must show that a bill of exceptions was filed within the time.
Decided 1881-05-19
¶1Opinion of the court by
¶2The error assigned ⅛ the overruling of the motion for a new trial which was asked solely on the ground that the finding and judgment of the court were not sustained by sufficient evidence and were contrary to law. The bill of exceptions purporting to show the evidence was not filed within the time granted by the court therefor, and is, therefore, not a part of the record.
¶3Judgment affirmed with costs.