Legal Opinion · Dissent

Hickey v. Davidson

Supreme Court of Iowa

Decided January 17, 1906Published

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

  1. Cecil v. CecilCourt of Appeals of Maryland · 1862
  2. Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
  3. Gwyer v. FigginsSupreme Court of Iowa · 1873
  4. Wilson v. MillerSupreme Court of Iowa · 1864
  5. Glenn v. GlennSupreme Court of Iowa · 1864

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