Layman v. Buck

Decided October 1, 1901

Indiana Court of Appeals · decided 1901-10-01

<p>Appeal and Error. — Record.—Where in an appeal by plaintiff neither the pleadings nor the evidence is in the record, and the appellants’ attorneys assert that the action is to quiet title and for possession, and appellees’ attorneys contend that it is to quiet title only, and it appears that if the action is to quiet title, it is bound by the statute of limitation, the Appellate Court will not disturb the judgment of the trial court.</p>

Affirmed · Decided 1901-10-01

Per Curiam.

¶1Neither the pleadings nor the evidence are in the record.

¶2Counsel for adversary parties differ as to the theory of the complaint and the action. Counsel for appellants assert that the action is to quiet title and for possession; for appellee, that it is to quiet title only. Appellants were plaintiffs below.

¶3 *321The error assigned is that the court erred in its conclusions of law. If the action is to quiet title it should fail because not brought within the fifteen years fixed by the statute, and the judgment should be affirmed. Upon a record so meager, this court is not justified in disturbing the judgment of the trial court.

¶4Judgment affirmed.