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30 Ind. 330

Nebeker v. Rhoads

Indiana Supreme Court

Decided November 15, 1868

Indiana Supreme Court · decided 1868-11-15

<p>Amendment and Repeal op Latys. — Descents.— Widow. — Leard et al. v. heard, p. lTl, supra, affirmed.</p>

Cited by 4 later decisions — most recently January 1903

4 state decisions

Relies on Greencastle Southern Turnpike Co. v. State ex rel. Malot

Good law ✅— No negative treatment on recordhow we know

Decided 1868-11-15

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Frazer, J.

¶1The questions in this case were, after full consideration, decided adversely to the views pressed upon us by the present appellant, in Leard et al. v. Leard, at this term. We have no doubt whatever of the soundness of the conclusions then reached, nor indeed of the wisdom and policy of the act of March 9th, 1867, as then expounded. The act was absolutely necessary to the purposes of' justice and the repose of titles long unchallenged in consequence of some decisions of this court not well considered, but which, if adhered to, would, it was seeu, be productive of constantly recurring mischiefs of the most alarming na*331ture, some of which were indicated in Greencastle, &c. Co. v. The State. ex. rel. &c., 28 Ind. 382. The statute in question was evidently passed so that if the doctrine of Langdon v. Applegate should be overruled no inconvenience would result.

T. F. Davidson, for appellants.TV H. Mallory, for appellees.

¶2The judgment is affirmed, with costs.

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