Postlewait v. Howes
Supreme Court of Iowa
Appeal from the Des Moines District Court. This was a creditor’s bill filed by complainants, to reach certain real estate held by the respondent, Mary A. Howes, which they allege should be made liable to the payment of certain judgments which they obtained against her late husband, Eobert G. Anderson.
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Appeal from the Des Moines District Court. This was a creditor’s bill filed by complainants, to reach certain real estate held by the respondent, Mary A. Howes, which they allege should be made liable to the payment of certain judgments which they obtained against her late husband, Eobert G. Anderson. The bill alleges that on the 1st day of February, 1845, the complainants, Postlewait and Creagan, recovered two several judgments against the said Anderson — one being against him as the surviving partner of the firm of Anderson, Bennett & Co., and the other as surviving partner of the firm of…
1Opinion of the Court
'Wright, C. J.
To reverse the decree below in favor of the complainant, Keeler, and to sustain so much of it as dismissed the bill as to the other complainants, the respondents have urged various grounds, which we proceed briefly to notice. The first in order is the objection, that the administrator of the estate of Robert G. is not made a party to the bill. Complainants admit substantially, that under ordinary circumstances, the administrator should be joined in bills of this character. It is urged, however, by them, first, that in this instance, there was no such personal representative; and…
2Cases cited11 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Thompson v. BrownNew York Court of Chancery · 1820
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Hagan v. WalkerSupreme Court of the United States · 1852
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3Cited by27 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Wagner v. LawWashington Supreme Court · 1892
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