JACKSON, J.
This case comes to us on petition to transfer from the Appellate Court under Acts 1933, ch. 151, § 1, p. 800, being § 4-215 Burns' 1946 Replacement, and Rule 2-23 of this court, 1958 Edition. See Dent v. Dent (1960), 164 N.E.2d 351 for Appellate Court opinion.
This action was commenced in the Lake Superior
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