Jonathan J Irons
Replies: 10
Re: Jonathan J Irons
| @@rmhunziker@hotmail.com (View posts) | Posted: 3 Feb 2003 6:24PM GMT |
Classification: Query
Surnames: Burgess, Irons, Clark, Clarke, Turner
The following case may well be related. I believe that "Burgess" is Col. James Burgess (b. 1 Aug 1826, Ohio; d. 20 Feb 1912 in Topeka, Kansas). Col. James Burgess married Elizabeth Minerva Irons 27 Aug 1846 in Clark County, Illinois. See http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&...
Elizabeth is the daughter of Thomas Irons (b. 1795, Tennessee; d. 1864, Hendricks County, Indiana) and sister of John Irons (probably the John Irons referenced below, b. 5 Aug 1819 in Washington County, Indiana; d. Aug 1864, Hendricks County, Indiana) and William W. Irons (29 May 1835, Liberty Township, Hendricks County, Indiana; d. 13 May 1906, Cartersburg, Hendricks County, Indiana). William married Mary Willis Clark (b. 27 Oct 1837, Danville, Hendricks County, Indiana; d. 17 Nov 1927, Danville, Hendricks County, Indiana), daughter of Edmund Clark (25 Aug 1813 in Clark County, Kentucky; d. 13 Apr 1866, Hendricks County, Indiana). I presume that this is the same as the Edmund Clarke listed below. Edmund was treasurer of Hendricks County for a number of years and believe also the sheriff. (I could be wrong on the latter.)
If these persons are who I think they are, then the referenced Clarke is the father of the referenced Burgess' sister-in-law.
Turner v. Burgess, 26 Ind. 195 (1866)
This was an action by Burgess, as administrator of the estate of Irons, deceased, against the appellants and one Edmund Clarke, upon a note signed by James Turner, and payable to the order of said Clarke, and delivered by Clarke to Irons, without indorsement. An answer of James Turner was filed, alleging the property in the note to be in one Isaac P. Turner, as heir at law of one Job Turner, deceased. Thereupon Isaac P. Turner was made a co-defendant, and filed an answer claiming the ownership of the note. To these answers a general denial was filed. Trial by the court, and finding for the appellee.
We are asked to reverse this cause on the ground that the finding of the court is not supported by the evidence. The statement of Clarke was that the note sued on was given to him by the defendant, James Turner, for $200 of the money belonging to the estate of Job Turner, now dead, and the note was handed by Clarke, as so much money, to John Irons, since deceased, but then clerk of the Common Pleas Court, with the rest of the money belonging to said estate, upon final settlement thereof. There was no evidence in conflict with this statement. Irons having received the note as so much money, the property in the note became his, and, unless accounted for by Irons, his administrator must account for it as money received upon final settlement with the distributees of the estate of said Job Turner, deceased, and is therefore entitled to maintain his action for its collection.
The judgment is affirmed, with five per cent. damages and costs.
Elizabeth is the daughter of Thomas Irons (b. 1795, Tennessee; d. 1864, Hendricks County, Indiana) and sister of John Irons (probably the John Irons referenced below, b. 5 Aug 1819 in Washington County, Indiana; d. Aug 1864, Hendricks County, Indiana) and William W. Irons (29 May 1835, Liberty Township, Hendricks County, Indiana; d. 13 May 1906, Cartersburg, Hendricks County, Indiana). William married Mary Willis Clark (b. 27 Oct 1837, Danville, Hendricks County, Indiana; d. 17 Nov 1927, Danville, Hendricks County, Indiana), daughter of Edmund Clark (25 Aug 1813 in Clark County, Kentucky; d. 13 Apr 1866, Hendricks County, Indiana). I presume that this is the same as the Edmund Clarke listed below. Edmund was treasurer of Hendricks County for a number of years and believe also the sheriff. (I could be wrong on the latter.)
If these persons are who I think they are, then the referenced Clarke is the father of the referenced Burgess' sister-in-law.
Turner v. Burgess, 26 Ind. 195 (1866)
This was an action by Burgess, as administrator of the estate of Irons, deceased, against the appellants and one Edmund Clarke, upon a note signed by James Turner, and payable to the order of said Clarke, and delivered by Clarke to Irons, without indorsement. An answer of James Turner was filed, alleging the property in the note to be in one Isaac P. Turner, as heir at law of one Job Turner, deceased. Thereupon Isaac P. Turner was made a co-defendant, and filed an answer claiming the ownership of the note. To these answers a general denial was filed. Trial by the court, and finding for the appellee.
We are asked to reverse this cause on the ground that the finding of the court is not supported by the evidence. The statement of Clarke was that the note sued on was given to him by the defendant, James Turner, for $200 of the money belonging to the estate of Job Turner, now dead, and the note was handed by Clarke, as so much money, to John Irons, since deceased, but then clerk of the Common Pleas Court, with the rest of the money belonging to said estate, upon final settlement thereof. There was no evidence in conflict with this statement. Irons having received the note as so much money, the property in the note became his, and, unless accounted for by Irons, his administrator must account for it as money received upon final settlement with the distributees of the estate of said Job Turner, deceased, and is therefore entitled to maintain his action for its collection.
The judgment is affirmed, with five per cent. damages and costs.