# Brown v. Brown

> Indiana Supreme Court · January 25, 1893 · 133 Ind. 476

URL: https://www.frixlaw.com/law-library/cases/7051635

## Case

- **Full name:** Brown v. Brown
- **Court:** Indiana Supreme Court
- **Decided:** January 25, 1893
- **Citations:** 133 Ind. 476; 32 N.E. 1128; 1893 Ind. LEXIS 28
- **Precedential status:** Published
- **Opinion:** On rehearing by Hackney
- **Judges:** Hackney
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7051635

## Opinion text

On Petition for a Rehearing.
Hackney, J.
-On petition for a rehearing, the appellants urge us to deny the authority of Wintermute v. Reese, 84 Ind. 308 . We are not inclined to depart from the rule there affirmed, nor can we believe that it is not applicable to the complaint in this case. To allege an ownership in lands at a period mouths before the suit, is a fact which suggests ownership at the time partition is asked, but it is a fact which does not necessarily imply an ownership at the time partition is sought.
“A fact not necessarily implied, although inferable, is not sufficiently alleged, by alleging the fact which suggests it.” Abbott’s Trial Brief, section 51; Fowler v. New York, etc., Ins. Co., 26 N. Y. 422 ; Williams v. North Am. Ins. Co., 9 How. Pr. (N. Y.) 365; Magauran v. Tiffany, 62 How. Pr. (N. Y.) 251. The fact that appellants once owned does not necessarily imply a present ownership.
The petition is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7051635. Public record. Not legal advice.