Jones v. Bowden
Jones v. Bowden
Opinion of the Court
As thus indicated, the testimony as to values took quite a wide range, but' the judge who saw and heard the witnesses, and who perhaps also has some knowledge as to values in the vicinity in question, fixed it at $15 per acre. After carefully reading and weighing the evidence, we do not,feel justified in disturbing that finding.
Eor the reasons assigned, the judgment appealed from is affirmed, at the cost of the appellant.
Reference
- Full Case Name
- JONES v. BOWDEN
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) I. Descent and distribution In partition by one heir against others, the value of lands donated by the mother to defendant prior to her death, which must govern, is that which the property had at the death of the mother in the condition in which it was when the donation was made, in view of Oiv. Code, arts. 1269, 1505. 2. Descent and distribution In action for partition, evidence of the value' of lands donated by the mother to defendants, who were coheirs of plaintiff, consisting of estimates ranging from $12 to $40 an acre and testimony that plaintiff bought similar land at succession sale for $10 per acre, held not to justify disturbing finding of the judge, who saw and heard the witnesses and who perhaps had some knowledge as to values in the vicinity, that the value was $15 per acre.