Hickey v. Davidson
Supreme Court of Iowa
Appeal from Cedar District Court.— Hon. W. G-. Thompson, Judge. Action by plaintiffs, claiming to be the owners in common of a tract of land, to restrain the sale thereof by defendant Ellyson, as sheriff, under execution issued under a judgment rendered in favor of defendant Drowning against one Win. D. Hickey and assigned to defendant Davidson. Decree for plaintiffs, from which defendants appeal.
1DissentDeemer, J.
(dissenting). — The law applicable to this case is well settled, and the facts are not seriously in dispute. The difficulty, as I understand it, is in the application of the law to these facts and with the final conclusion reached by the majority. The case is this:
Before the death of his father William P. Hickey, Sr., was largely in debt and practically insolvent. He owed various parties something like $14,000, and the defendants are of these creditors. John Hickey, Sr., father of William, died March 11, 1901, leaving surviving five children, to wit: William P. Hickey, Sr., John Hickey, Jr.,…
2Cases cited17 opinions
- Cecil v. CecilCourt of Appeals of Maryland · 1862
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Gwyer v. FigginsSupreme Court of Iowa · 1873
- Wilson v. MillerSupreme Court of Iowa · 1864
- Glenn v. GlennSupreme Court of Iowa · 1864
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