Read v. Howe
Supreme Court of Iowa
Appeal from JBlaohhawlc District Court. Plaintiffs, heirs of Prescott II. Read, who died intestate in Blackhawk county, on the 31st day of August, 1859, allege that C.' K. Howe was,"on the 5th day of September, 1859, appointed special administrator; that he took possession of the personal property and credits, and appropriated the same to his own use, amounting, including interest, "to. $16,000. That he fraudulently effected a sale of the real estate, amounting to 1443…
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Appeal from JBlaohhawlc District Court. Plaintiffs, heirs of Prescott II. Read, who died intestate in Blackhawk county, on the 31st day of August, 1859, allege that C.' K. Howe was,"on the 5th day of September, 1859, appointed special administrator; that he took possession of the personal property and credits, and appropriated the same to his own use, amounting, including interest, "to. $16,000. That he fraudulently effected a sale of the real estate, amounting to 1443 83-100 acres; and that, by false and fraudulent reports to .the county judge of said county, he procured his discharge as…
1Opinion of the CourtDay, J.
1. admiuxstraud. ’ ' I. After a very careful examination and re-examination of the entire testimony in this case, we feel constrained to hold that the fraud alleged to have been committed by the administrator, in effecting a settlement with the county court, has not been fairly established by the evidence. On the 21st of September, 1859, the defendant, C. K. Howe, filed in the county court of Blaekhawk county, an inventory of the estate of the decedent. A large amount of the credits included in this inventory were owing by persons residing in Illinois. Mary Read, who had been the…
2Cases cited5 opinions
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- Sypher v. McHenrySupreme Court of Iowa · 1865
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