Cox v. Yeazel
Nebraska Supreme Court
Error, from the district court of Adams county. Tried below before Beall, J. This action is properly brought by plaintiffs below. They have legal capacity to bring this suit. Where an estate has been administered and all claims against it paid, and only one claim outstanding in its favor, which the administrator is unwilling to sue, and which 1 r a number of years he fails and neglects to protect, the heirs can bring the suit.
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Error, from the district court of Adams county. Tried below before Beall, J. This action is properly brought by plaintiffs below. They have legal capacity to bring this suit. Where an estate has been administered and all claims against it paid, and only one claim outstanding in its favor, which the administrator is unwilling to sue, and which 1 r a number of years he fails and neglects to protect, the heirs can bring the suit. (Fret-well v. McLemore, 52 Ala., 124; Salter v. Salter, 98 Ind., 522; Sanders v. Moore, 12 S. W. Rep. [Ark.], 783; Vanderveerv. Alston, 16 Ala., 494; Plunkett v. Kelly,…
1Opinion of the CourtNorval, J.
The case is substantially this: That in 1877 James Yeazel resided in Champaign county, Illinois, and being the owner of considerable real estate in said county, he negotiated a loan, secured by a mortgage thereon, for $5,000, of which sum he loaned $3,000 to his son, Abraham Yeazel, who then resided in this state, to enable the latter to engage in the business of banking. No note was taken for the $3,000 sent to Abraham Yeazel, yet the latter at various times paid interest on the money, and otherwise acknowledged the validity of the indebtedness, but never paid the principal to his father. In…
2Cases cited18 opinions
- Smith v. DennySupreme Court of Missouri · 1865
- Murphy v. HanrahanWisconsin Supreme Court · 1880
- Miller v. EatmanSupreme Court of Alabama · 1847
- Haynes v. HarrisSupreme Court of Iowa · 1871
- Gilkey v. HamiltonMichigan Supreme Court · 1871
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brown v. BaxterSupreme Court of Kansas · 1908
- Blochowitz v. BlochowitzNebraska Supreme Court · 1936
- Sharp v. Citizens BankNebraska Supreme Court · 1904
- Prusa v. EverettNebraska Supreme Court · 1907
- Jackson v. PhillipsNebraska Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.