Black v. Black
Supreme Court of Iowa
Appeal from, Ioioa Circuit Oov/rt. Mary ANN Blaok, one of the plaintiffs, is the widow of Dominick Black, deceased, and Wetherell, the other plaintiff, is a creditor of his estate; the defendant is the administrator.
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Appeal from, Ioioa Circuit Oov/rt. Mary ANN Blaok, one of the plaintiffs, is the widow of Dominick Black, deceased, and Wetherell, the other plaintiff, is a creditor of his estate; the defendant is the administrator. The petition alleges the relations of the parties, and shows that Wetherell holds certain notes against the estate that have been allowed by the administrator and the court as valid claims; that the notes were given for land purchased from Wetherell .by decedent during his life time, who received a bond for a deed to be executed upon payment of the notes, and, after the allowance…
1Opinion of the CourtBeck, J.
-No question is raised as to the correctness of the order requiring payment to be made to Wetherell; objection is only made to this condition prescribed by the order, namely, that the judgment should be transferred, tanto, upon the payment.
There was no evidence offered, other than the assignment and bond, pertinent to the point raised. It cannot be doubted that the creditor, at his option, could enforce his claim either against the land or come in as a general creditor of the estate. Allen v. Moer, 16 Iowa, 307. If he sought his remedy against the estate upon the notes, in case the land had…
2Cases cited1 opinion
- Allen v. MoerSupreme Court of Iowa · 1864
3Cited by3 opinions
- McGuire v. BrownSupreme Court of Iowa · 1875
- Estate of Brackey v. JensenSupreme Court of Iowa · 1914
- Sharpless v. GreggSupreme Court of Iowa · 1877