Boyles v. Boyles
Supreme Court of Iowa
Appeal from Black Ilawk District Gowri. Thursday, December 11. Action in chancery. The petition, among other matters, alleges that plaintiff’s father, Daniel O. Boyles, in December, 1834, died intestate in Black Hawk county, seized of certain real estate which is properly described; that he left no widow, and that plaintiff, then a minor, was his only heir, and the defendant, John E. Boyles, was appointed administrator of his estate.
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Appeal from Black Ilawk District Gowri. Thursday, December 11. Action in chancery. The petition, among other matters, alleges that plaintiff’s father, Daniel O. Boyles, in December, 1834, died intestate in Black Hawk county, seized of certain real estate which is properly described; that he left no widow, and that plaintiff, then a minor, was his only heir, and the defendant, John E. Boyles, was appointed administrator of his estate. The petition proceeds to state that there was personal property belonging to the estate that was sold by the administrator for a sum greater than the amount of…
1Opinion of the Court
Beck, Ch. J.
The questions raised by the demurrer, which .was sustained by the district court, are these: 1. Did the court, in the absence of the notice to the plaintiff, required by the statute, acquire jurisdiction in the case. 2. Is the action barred under section 1356 of the Code of 1851 (Rev., § 2388), which provides that “No action for the recovery of any real estate sold by an executor can be sustained by any person claiming under the deceased, unless brought within five years next after the sale.”
The facts of the case are identical with those in Good v. Norly, 28 Iowa, 188, the…
2Cases cited1 opinion
- Good v. NorleySupreme Court of Iowa · 1869
3Cited by14 opinions
- Rankin v. MillerSupreme Court of Iowa · 1876
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
- Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900
- Floto v. FlotoIllinois Supreme Court · 1904
- Collier v. GoesslingCourt of Appeals for the Sixth Circuit · 1908
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