Boyd v. Collins
Supreme Court of Iowa
Appeal from Davis Ci/rcuit Court. Robert Boyd qualified as administrator of the estate of Nutter Rogers on the nineteenth day of November, 1884. The personal effects of the estate were of the value of $87.10. The deceased owned certain real estate which was incumbered by two mortgages, and by a judgment in favor of Caleb Collins.
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Appeal from Davis Ci/rcuit Court. Robert Boyd qualified as administrator of the estate of Nutter Rogers on the nineteenth day of November, 1884. The personal effects of the estate were of the value of $87.10. The deceased owned certain real estate which was incumbered by two mortgages, and by a judgment in favor of Caleb Collins. Claims were filed and allowed against the estate amounting to $295. The adminstrator procured an order for the sale of the real estate of the deceased, and an order of sale was made. None of the liens were filed as claims against the estate within one year from the…
1Opinion of the CourtRoTriRooK, J.
Collins was not a party to the proceedings for the sale of the land. His judgment was rendered in the life-time of decedent; and it is conceded that it was a lien on the real estate. The question to be determined is, was it necessary that he should file his judgment as a claim against the estate in order to preserve his lien ?
Section 3092 of the Code is as follows: “Whenajudg*298ment has been obtained against the executor of one deceased, or against the decedent in his Uf e-time, which the personal estate is insufficient to satisfy, the plaintiff may file his petition in the office of the clerk…
2Cases cited2 opinions
- Davis v. ShawhanSupreme Court of Iowa · 1871
- Bayless v. PowersSupreme Court of Iowa · 1883
3Cited by5 opinions
- In re Estate of DaltonSupreme Court of Iowa · 1918
- James v. WeismanSupreme Court of Iowa · 1913
- McHugh v. MartinCourt of Appeals of Maryland · 1951
- Hansen's Empire Fur Factory v. TeaboutSupreme Court of Iowa · 1898
- Harrington v. ClarkSupreme Court of Iowa · 1925