Supreme Court of Iowa, 1882

Wilson v. Stanton

Supreme Court of Iowa · Decided June 6, 1882 · Seevers

58 Iowa 404

Cases that cite this one

2 later published cases cite this decision.

Flora v. Brown (Iowa 1913)
Reed v. Reed (Iowa 1895)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Seevers, J.

1. ADMINISTRATION: insufficient abstract: practice. The allegations of the petition were denied by the answer. The, burden was, therefore, on the plaintiff to establish the material averments of the petition. The application to sell the real estate was made more than fifteen years after administration was granted. This long delay required the plaintiff to establish the circumstances causing the delay. It would then be for the court to see whether the excuse was sufficient. McCrary v. Tasker, 41 Iowa, 255. The abstract fails to state that all the evidence introduced is contained therein. It is impossible, therefore, for us to say the referee or court erred. The rule on this subject must be, we think, well understood.

Affirmed,

Case-law data current through December 31, 2025. Source: CourtListener bulk data.