75 Iowa 705 | Iowa | 1888
Lead Opinion
— Plaintiff is a daughter of defendant. The allegations of the petition in substance are that her mother, at the time of death, which occurred in Switzerland in 1859, was the owner of certain personal and real property situated in that country, which descended in equal shares to her and a sister, they being the sole surviving children. That, she being a minor, a guardian of her person and property was appointed by the tribunal of Switzerland having jurisdiction of such matters, her domicile at the time being in that country. That in 1869, the defendant, who was then a resident of this state, applied to said tribunal to be appointed guardian of her person and property, and for the discharge of the former guardian, and that such proceedings were had that the former guardian was discharged, and defendant appointed in his stead. That he subsequently brought her to Dubuque, where she has since resided, and that he received large sums of money which came into his hands as such guardian, being the proceeds derived from the sale of said property ; and that at the time of her mother’s death, he had in his hands the sum of eighteen hundred dollars belonging to the mother, which he derived from the sale by him of certain lands in Dubuque county which belonged to the mother, he having a power of attorney from her to make such sale, and that one-third of the amount descended to her upon the death of her mother, and that he has never in any manner accounted to her for any portion of the moneys so received by him, although she has attained her majority. Her prayer is that the amount due her be
He VERSED.
Dissenting Opinion
(dissenting). Upon what grounds the district court proceeded when it required the plaintiff to remit a portion of the judgment the record fails to disclose, and I am forced to the conclusion that a finding of the court must be implied to 'the effect stated in the opinion. It seems to me error is assumed or presumed, and clearly such is not the rule. The presumption must be indulged that the court granted all the relief the defendant was, in the judgment of the court, entitled to.