Thornton v. Mulquinne
Supreme Court of Iowa
Appeal from Jackson District Court. Patrice ThorNTON Jr. died July 4, 1849, without issue, leaving a widow, Anne Thornton, the daughter of respondent Margaret Mulquinne. The father of Patrick survived him, but departed this life in September, 1849. The widow of Patrick Jr., died in September, 1851. Patrick Jr. died siesed of certain real estate now in controversy in this suit. Complainants are the brothers and sisters of said Patrick, and claim the property, as such heirs.
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Appeal from Jackson District Court. Patrice ThorNTON Jr. died July 4, 1849, without issue, leaving a widow, Anne Thornton, the daughter of respondent Margaret Mulquinne. The father of Patrick survived him, but departed this life in September, 1849. The widow of Patrick Jr., died in September, 1851. Patrick Jr. died siesed of certain real estate now in controversy in this suit. Complainants are the brothers and sisters of said Patrick, and claim the property, as such heirs. Respondents claim it under a sale by the administrators of the estate of Patrick Jr. (Anne, the widow, and one Sylvester…
1Opinion of the CourtWright, J.
The bill was dismissed in the court below, and complainants appeal. This ruling must be sustained, if at all, upon the effect to be given to the instrument signed by the father, and not upon the probate proceedings. Several insurmountable difficulties meet us in the consideration of this part of the defense. The alleged sale was made in 1850, and is to be governed by the statute of 1843, ch. 10, p. 706, 713. All the proceedings are embodied in the record, and these defects may be mentioned : We find no petition by the administrators for the sale of the land. There is no evidence that notice…
2Cases cited14 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Godfrey v. HumphreyMassachusetts Supreme Judicial Court · 1836
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3Cited by12 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Good v. NorleySupreme Court of Iowa · 1869
- Sharp v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
- French v. PhelpsCalifornia Court of Appeal · 1912
- Evans v. DunlapIndiana Court of Appeals · 1905
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