Harlin v. Stevenson
Supreme Court of Iowa
Appeal from Washington, District Court. Action in equity to subject tbe north half of the northwest quarter of section ten, and ten acres off the north end of the west half of section thirty-three, township seventy-five, range nine, to the payment of a judgment in favor of plaintiff for $510 and costs, with ten per cent interest from December 15, 1859, against D. N. Henderson, as executor of the estate of William Stevenson, deceased.
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Appeal from Washington, District Court. Action in equity to subject tbe north half of the northwest quarter of section ten, and ten acres off the north end of the west half of section thirty-three, township seventy-five, range nine, to the payment of a judgment in favor of plaintiff for $510 and costs, with ten per cent interest from December 15, 1859, against D. N. Henderson, as executor of the estate of William Stevenson, deceased. The petition of plaintiff alleged that William Stevenson was indebted to plaintiff, on March 9, 1857, $100, and on that day executed his note therefor, payable…
1Opinion of the Court
Cole, Ch. J.
1. administramentf coifáterai attack of. The appellant’s counsel make, in this court, substantially the following points: — First: It appears from the evidence that there is sufficient in the hands of the administrator, not properly ac conn^e¿ forj pay 0ff all the indebtedness of the estate. This point is grounded upon the testimony of the administrator that he paid two debts secured by mortgage on certain real estate, which was sold under order of the probate court, “ upon the oral advice of the judge.” It is claimed now, that the amounts thus paid could only be legally paid “…
2Cases cited1 opinion
- Baldwin v. TuttleSupreme Court of Iowa · 1867
3Cited by19 opinions
- Faust v. HosfordSupreme Court of Iowa · 1903
- Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Barnes v. BartlettIndiana Supreme Court · 1874
- In re the Guardianship of SallWashington Supreme Court · 1910
- Crary v. KurtzSupreme Court of Iowa · 1906
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