Legal Opinion

Burton v. Baldwin

Supreme Court of Iowa

Decided June 12, 1883PublishedCited by 22 opinions

Appeal from Mahaslea Circuit Cov/rt. Leonora Burton, grandchild and one of the heirs at law of Thompson Baldwin, deceased, commenced this action for partition of about four hundred acres of land, of which said Baldwin died siezed. The widow of Thompson Baldwin and his three children, Marley and Sylvester Baldwin and Nancy M. Hull, are made parties defendant.

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Appeal from Mahaslea Circuit Cov/rt. Leonora Burton, grandchild and one of the heirs at law of Thompson Baldwin, deceased, commenced this action for partition of about four hundred acres of land, of which said Baldwin died siezed. The widow of Thompson Baldwin and his three children, Marley and Sylvester Baldwin and Nancy M. Hull, are made parties defendant. The -petition alleges that Thompson Baldwin conveyed to each of his said children advancements out of his real estate, and prays that these be considered in making partition. Pending the suit, Leonora Burton died, and Melker Burton, her…

1Opinion of the Court

Day, Oh. J".

1. depositosuppress'?11 time o£ flimg. 2. evidence: munioaluonT ■heirs!1 agamst — I. The evidence shows clearly that Thompson Baldwin conveyed to each of his three children, the defendants, one hundred and forty acres of land, for the expressed consideration of $3,300. It a]g0 c]ear|y appears that they paid no consideratain for the conveyance. Whether these conveyances were intended as gifts or advancements, is the only question involved in the case. Mrs. Sophronia Baldwin, widow of Thompson Baldwin, was made a party defendant, for the purpose of ascertaining and assigning her…

2Cases cited10 opinions

  1. Markham v. CarothersTexas Supreme Court · 1877
  2. Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
  3. Baker v. KelloggOhio Supreme Court · 1876
  4. Ray v. LoperSupreme Court of Missouri · 1877
  5. Blood v. FairbanksCalifornia Supreme Court · 1875

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Ragsdale v. RagsdaleTexas Supreme Court · 1944
  2. Winters v. WintersSupreme Court of Iowa · 1897
  3. In Re Estate of ConnerSupreme Court of Iowa · 1948
  4. Bissell v. BissellSupreme Court of Iowa · 1903
  5. Hogan v. SullivanSupreme Court of Iowa · 1901

17 more not listed; retrieve them via the Exa API.

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