Burns v. Byrne
Supreme Court of Iowa
Appeal from Dubuque District Court. This action was commenced October 21, 1872. The plaintiff’s petition alleged that about the month of January, 1858, Patrick Pendergast departed this life, intestate, without issue, leaving surviving him his widow, Bridget Pendergast, and the plaintiff, his sister, and sole surviving heir;'that at the time of his death he owned the north-east quarter and the northwest quarter of the south-east quarter of section one, township eighty-nine,…
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Appeal from Dubuque District Court. This action was commenced October 21, 1872. The plaintiff’s petition alleged that about the month of January, 1858, Patrick Pendergast departed this life, intestate, without issue, leaving surviving him his widow, Bridget Pendergast, and the plaintiff, his sister, and sole surviving heir;'that at the time of his death he owned the north-east quarter and the northwest quarter of the south-east quarter of section one, township eighty-nine, range one west; that plaintiff resided in the State of New Jersey and never received any information of the death of her…
1Opinion of the Court
Day, J. —
i. tbust: evidence. I. At the trial it was proved that the north fractional half of the north-east quarter referred to in'plaintiff’s petition was entered by the defendant, Bridget, before her marriage to Patrick Pendergast, and that a patent isued to her therefor December 1st, 1875. The court found against the plaintiff as to this portion of the property, and as to it no question is here made.
The’ defendant, Bridget, claims that the remainder of the property in controversy was entered by Patrick Pendergast *287with her money, and that, at the time of his death, he held it simply in…
2Cases cited2 opinions
- Fair v. BrownSupreme Court of Iowa · 1875
- Austin v. BarrettSupreme Court of Iowa · 1876
3Cited by42 opinions
- Crawford v. MeisSupreme Court of Iowa · 1904
- Robinson v. LewisMississippi Supreme Court · 1890
- Dodge v. DavisSupreme Court of Iowa · 1892
- Marray v. QuigleySupreme Court of Iowa · 1902
- First Congregational Church v. TerrySupreme Court of Iowa · 1906
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