Owen v. Christensen
Supreme Court of Iowa
’Appeal from Audubon District Court. — Hon. W. E. Green, Judge. Action at law to recover tbe amount due on a certain certificate of deposit, and for tbe possession or proceeds of a certain promissory note, of wbicb certificate and note tbe plaintiff alleges tbat sbe is tbe owner, and tbat tbe defendant has converted tbe same to bis own' use, as executor of said estate. Tbe defendant answered, claiming tbat said certificate and note are tbe property of said estate.
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’Appeal from Audubon District Court. — Hon. W. E. Green, Judge. Action at law to recover tbe amount due on a certain certificate of deposit, and for tbe possession or proceeds of a certain promissory note, of wbicb certificate and note tbe plaintiff alleges tbat sbe is tbe owner, and tbat tbe defendant has converted tbe same to bis own' use, as executor of said estate. Tbe defendant answered, claiming tbat said certificate and note are tbe property of said estate. Verdict and judgment were rendered in favor of the plaintiff. Defendant appeals.
1Opinion of the CourtGiven, J.
1 I. Appellant’s counsel state the facts as follows, which statement is sufficiently accurate for the purposes of the questions to be considered: “Richard Owen died on August 9, 1895, and the plaintiff is his widow. He left a will, and the defendant is the executor thereof. Prior to his death he had owned 160 acres of land, but he conveyed this to the plaintiff October 9, 1884, and the consideration expressed in the deed was one dollar and other valuable considerations. About the 1st of March, 1890, this land was sold and conveyed by them to one Emly, and the consideration of $4,290 was…
2Cases cited2 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
3Cited by5 opinions
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Doherty v. EdwardsSupreme Court of Iowa · 1940
- Wiltsey v. WiltseySupreme Court of Iowa · 1906
- Klein v. Swift & CompanySupreme Court of Iowa · 1957
- Dean v. CarpenterSupreme Court of Iowa · 1907