Crane v. Guthrie
Supreme Court of Iowa
Appeal from Dubuque Circuit- Court. The plaintiffs are creditors of the estate of Lawrence Malouy, deceased, the defendant, Guthrie’s, intestate. In 1867 one Phipps, a creditor, obtained an order of court upon Guthrie as administrator, to sell real estate. Under the order Guthrie made an application to sell the equitable interest of the estate in a large quantity of land. The application was granted and the sale made. A very small sum was realized.
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Appeal from Dubuque Circuit- Court. The plaintiffs are creditors of the estate of Lawrence Malouy, deceased, the defendant, Guthrie’s, intestate. In 1867 one Phipps, a creditor, obtained an order of court upon Guthrie as administrator, to sell real estate. Under the order Guthrie made an application to sell the equitable interest of the estate in a large quantity of land. The application was granted and the sale made. A very small sum was realized. The property at the time was subject apparently to an incumbrance; it appeared of record to -be mortgaged. Afterward the incumbrance was held…
1Opinion of the CourtServers, J.
i. administotoseiireat structfon of. I. At the time of the administrator’s sale the land in question appeared of record to be heavily incumbered by mortgage. A suit to foreclose the mortgage had been commenced. A defense had been interposed that the notes secured by the mortgage were without consideration, but no adjudication had been had. The *544administrator’s application was for an order to sell “ the equitable interest owned by said Malony.” The order as made by the court appears in these words.: “ Petition to sell equitable interest in real estate. December Term, 1866. Notice filed. Order…
2Cases cited3 opinions
- Foteaux v. LepageSupreme Court of Iowa · 1858
- Cooley v. SmithSupreme Court of Iowa · 1864
- Dougherty v. LinthicumCourt of Appeals of Kentucky · 1839
3Cited by11 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- In re Estate of DaltonSupreme Court of Iowa · 1918
- Orcutt v. HansonSupreme Court of Iowa · 1887
- Hanen v. LenanderSupreme Court of Iowa · 1916
- Toerring v. LampSupreme Court of Iowa · 1889
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