Legal Opinion

Burke v. Barrett

Indiana Court of Appeals

Decided May 26, 1903No. 4,369PublishedCited by 6 opinions

From Vigo Circuit Court; J. JE. Piety, J udge. Action by Richard J Barrett and others against Mary Burke and others. From a judgment in favor of plaintiffs, defendants appeal.

1Opinion of the CourtRoby, J.

Appellee Barrett brought suit for partition, alleging that he was the owner of five-eighths, and appellant Mary Biirke was the owner of the remaining three-eighths, of the real estate in controversy. Appellant Burke answered by general denial, and filed two paragraphs of cross-complaint, in the second paragraph of which she alleged title specifically and asked that she be declared the owner of 'the thirty-three sixty-fourths, and the appellee Barrett the owner of thirty-one sixty-fourths, of the real estate; that her title be quieted; and that partition be decreed. Demfirrers to the…

2Cases cited3 opinions

  1. Rumsey v. DurhamIndiana Supreme Court · 1854
  2. Aspy v. LewisIndiana Supreme Court · 1899
  3. Moores v. HareIndiana Supreme Court · 1896

3Cited by6 opinions

  1. Nelson v. NelsonIndiana Court of Appeals · 1905
  2. French v. FrenchIndiana Court of Appeals · 1915
  3. Hume v. McHaffieIndiana Court of Appeals · 1907
  4. Richardson v. CHASTAIN, ADMX., ETC.Indiana Court of Appeals · 1953
  5. Summers v. Old-First Natl. Bank Trust Co., Tr.Indiana Court of Appeals · 1938

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