Legal Opinion

Miller v. Everest

Supreme Court of Iowa

Decided November 14, 1973No. 260PublishedCited by 7 opinions

1Opinion of the Court

UHLENHOPP, Justice.

This appeal involves the effect of termination of a receivership upon a tort claim.

Patricia Ann Kenney Miller, Executor of the Estate of Bernard E. Kenney, claims the facts to be these. Robert W. Randall owned a business building and the adjoining parking area in Council Bluffs, Iowa. Council Bluffs Savings Bank, which held a mortgage on the property, commenced suit to foreclose the mortgage, obtained a decree of foreclosure, bid in the property on execution, and obtained a sheriff’s certificate of sale. The foreclosure court appointed Charles B. Everest as receiver of the…

2Cases cited26 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. McNulta v. LochridgeSupreme Court of the United States · 1891
  3. Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
  4. Sloan v. Central Iowa Railway Co.Supreme Court of Iowa · 1883
  5. Fullerton v. FordyceSupreme Court of Missouri · 1894

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3Cited by7 opinions

  1. Copeland v. SalomonNew York Court of Appeals · 1982
  2. Norman v. Trison Development Corp.Supreme Court of Oklahoma · 1992
  3. Vitug v. GriffinCalifornia Court of Appeal · 1989
  4. Riley v. Decoulos (In Re American Bridge Products, Inc.)United States Bankruptcy Court, D. Massachusetts · 2005
  5. J.L.B. Equities, Inc. v. DumontNew Jersey Superior Court Appellate Division · 1998

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