Gill v. Sullivan
Supreme Court of Iowa
Appeal from Iowa Circuit Court. Maria Sullivan was the owner of certain real estate in the city of Marengo. She died in the year 1876 intestate, without issue, and leaving surviving her Patrick Sullivan, her husband. Mary Gill filed her petition as plaintiff herein, claiming to be a sister of said Maria Sullivan. She named Mark- Maloney and Ann Welsh as defendants, and alleged that they were brother and sister of the intestate.
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Appeal from Iowa Circuit Court. Maria Sullivan was the owner of certain real estate in the city of Marengo. She died in the year 1876 intestate, without issue, and leaving surviving her Patrick Sullivan, her husband. Mary Gill filed her petition as plaintiff herein, claiming to be a sister of said Maria Sullivan. She named Mark- Maloney and Ann Welsh as defendants, and alleged that they were brother and sister of the intestate. No service of an original notice was h§d upon either of said parties. Patrick Sullivan, the surviving husband, and John II. Sullivan, were also made defendants.…
1Opinion of the CourtRothrook, J.
1. ADOPTION : ieamdiagoí : instrument. I. The instrument by which it is claimed the adoption was effected not having been completed, as required by chapter 7, title 15 of the Code, was 1 J ' ’ 0^ 110 validity. It is alleged that the written instrument was almost entirely destroyed by accident soon after it was executed, by reason of which it became impossible to make record of it. From this we infer that it was not even filed for record. The case, then, comes squarely within the rule of Tyler v. Reynolds, 53 Iowa, 146. We are content with the conclusion reached in that case, and need not…
2Cases cited1 opinion
- Tyler v. ReynoldsSupreme Court of Iowa · 1880
3Cited by15 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Hilpire v. ClaudeSupreme Court of Iowa · 1899
- Horner v. MaxwellSupreme Court of Iowa · 1915
- Barney v. HutchinsonNew Mexico Supreme Court · 1918
- Morris v. TrotterSupreme Court of Iowa · 1926
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