Savery v. Sypher
Supreme Court of Iowa
Appeal from Polk Circuit Court. The petition was filed on the 9th day of November, 1869. Plaintiff alleges that about the 11th day of June, 1856, and the 19th day of August, 1857, he executed to S. Y. Keene, defendant’s testator, two promissory notes, respectively for the sum of eighteen hundred dollars, and forty-seven hundred dollars, and to secure' the payment thereof he executed a mortgage on certain real estate therein mentioned.
Read the full summary
Appeal from Polk Circuit Court. The petition was filed on the 9th day of November, 1869. Plaintiff alleges that about the 11th day of June, 1856, and the 19th day of August, 1857, he executed to S. Y. Keene, defendant’s testator, two promissory notes, respectively for the sum of eighteen hundred dollars, and forty-seven hundred dollars, and to secure' the payment thereof he executed a mortgage on certain real estate therein mentioned. That Keenedeparted this life and defendant was appointed, and still is, administratrix of the estate, and that the business of the estate is still, unsettled. ■…
1Opinion of the Court
Day. J.
*6781. adminirvrtien'imieiitestate. *677I. The evidence shows that Hezekiali Fagan was appointed administrator of the estate of S. Y. Keene, deceased, on»the 16th of February, 1858; that Thomas F. Withrow was appointed administrator of said estate, in conjunction with Fagan, April 6th, 1858; that Withrow and Fagan resigned February 18th, 1860, and defendant was appointed administi-ix. All the payments, on account of which plaintiff recovered, were made before defendant was appointed administratrix. The first question which arises is, were the several payments by Savery made for the use of the…
2Cases cited2 opinions
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Doyle v. ReillySupreme Court of Iowa · 1864
3Cited by10 opinions
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Herbst v. TreinenSupreme Court of Iowa · 1958
- Nichols v. HarshSupreme Court of Iowa · 1926
- Currier v. ClarkSupreme Court of Iowa · 1910
- McEwen v. FletcherSupreme Court of Iowa · 1914
5 more not listed; retrieve them via the Exa API.