Legal Opinion

Burlington University v. Barrett

Supreme Court of Iowa

Decided April 11, 1867PublishedCited by 31 opinions

Appeal from Des Moines District Court. This proceeding was originally commenced before tbe County Court of Des Moines county, sitting as a probate court, for the allowance of the claim made in the petition, as a claim against the estate of Richard E. Barrett, deceased, to be paid as the same should thereafter by its terms become due. There was a demurrer to the petition, which was sustained by the County Court, and the plaintiff appealed therefrom to the District Court.

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Appeal from Des Moines District Court. This proceeding was originally commenced before tbe County Court of Des Moines county, sitting as a probate court, for the allowance of the claim made in the petition, as a claim against the estate of Richard E. Barrett, deceased, to be paid as the same should thereafter by its terms become due. There was a demurrer to the petition, which was sustained by the County Court, and the plaintiff appealed therefrom to the District Court. In the District Court the appeal was transferred to the equity docket, and by agreement of the parties the pleadings were…

1Opinion of the CourtCole, J.

The plaintiff is an incorporation under and by virtue of the laws of this State. It has had an existance since 1852. At its organization, Dr. Bichard F. Barrett (now deceased) gave to the Burlington University about five hundred dollars, and he became a member of its board of trustees,, and so continued up to the time of his decease. He resided at the time in St. Louis county, Missouri, where he owned a large amount of property. During that time, he also owned considerable real estate in and about Burlington, Iowa. He was in *68the habit of visiting Burlington, in the summer of each year, and…

2Cases cited3 opinions

  1. Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
  2. Bristol v. WarnerSupreme Court of Connecticut · 1848
  3. McDonald v. GraySupreme Court of Iowa · 1861

3Cited by31 opinions

  1. McKinnon v. McKinnonCourt of Appeals for the Eighth Circuit · 1893
  2. Edwall v. JessephWashington Supreme Court · 1913
  3. Reed v. HazletonSupreme Court of Kansas · 1887
  4. Saunders v. SaundersSupreme Court of Iowa · 1901
  5. Schollmier v. SchoendelenSupreme Court of Iowa · 1889

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