Legal Opinion

McCrory v. Foster

Supreme Court of Iowa

Decided June 15, 1855PublishedCited by 5 opinions

Appeal from the Johnson District. Court. This was a bill in chancery, by Samuel H. McCrory, as ‘■administrator de bonis non of tbe estate of William 33-. Snyder, deceased, against Eliza Ann Poster, seeking to •subject certain real estate, tbe title to wbicb was in tbe said Eliza Ann, to tbe payment of tbe debts of said decedent, ■and also to recover from ber an amount of money, claimed to be due to said estate. * Tbe facts material to be stated, are as follows: Mrs. Poster…

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Appeal from the Johnson District. Court. This was a bill in chancery, by Samuel H. McCrory, as ‘■administrator de bonis non of tbe estate of William 33-. Snyder, deceased, against Eliza Ann Poster, seeking to •subject certain real estate, tbe title to wbicb was in tbe said Eliza Ann, to tbe payment of tbe debts of said decedent, ■and also to recover from ber an amount of money, claimed to be due to said estate. * Tbe facts material to be stated, are as follows: Mrs. Poster was tbe wife of Wm. B. Snyder, wbo died in 1845, and sbe, with tbeir son, and Thomas Snyder, a brother of the decedent,…

1Opinion of the CourtWeight, C. J.

Tbe above statement contains all facts *275necessary -or material, in order to understand tbe principal ;points decided. Other and minor questions have been raised, however; and those we will first settle.

It is first claimed by appellant’s counsel, that as this suit is brought to subject this land to the payment of the debts of the decedent, and there appearing to be sufficient property •aside from it, the bill is unnecessary, and for that reason should be dismissed. We think that the record does not sustain this position. It appears that the debts amount to ■ some $1,100, after making deduction…

2Cases cited10 opinions

  1. Wormley v. WormleySupreme Court of the United States · 1823
  2. Demarest v. WynkoopNew York Court of Chancery · 1817
  3. Brown v. LynchNew York Court of Chancery · 1828
  4. Bradish v. GibbsNew York Court of Chancery · 1818
  5. Schuyler v. HoyleNew York Court of Chancery · 1821

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3Cited by5 opinions

  1. Blake v. BlakeSupreme Court of Iowa · 1858
  2. Logan v. HallSupreme Court of Iowa · 1865
  3. Courtright v. CourtrightSupreme Court of Iowa · 1880
  4. Suiter v. TurnerSupreme Court of Iowa · 1860
  5. Hatch v. GraySupreme Court of Iowa · 1866

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