Iowa Loan & Trust Co. v. Holderbaum
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. O. B. Ayers, Judge. Michael Holderbaum died, testate, in June, 1879, leaving asa part of his estate one thousand, one hundred and twenty acres of land in Madison county: By the terms of the will, the defendant A. C. Holderbaum was made executor.
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Appeal from Madison District Court. — Hon. O. B. Ayers, Judge. Michael Holderbaum died, testate, in June, 1879, leaving asa part of his estate one thousand, one hundred and twenty acres of land in Madison county: By the terms of the will, the defendant A. C. Holderbaum was made executor. Under the provisions of the will the executor borrowed from the plaintiff three thousand dollars, and gave his note therefor, as executor, secured by a mortgage on one hundred and sixty acres of the land belonging to the estate. Because of a default in payments, this action is brought to foreclose the…
1Opinion of the CourtGranger, J.
1. Practice in supreme court: parties: substitution. I. Since the entry of the decree in the district court, A. C. Holderbaum was by a proceeding in that court relieved from duty as executor of the estate of Michael Holderbaum, and the action of the district court was, on appeal, affirmed in this court. F. D. Campbell was duly appointed and has qualified as successor, and the plaintiff moves to substitute F. D. Campbell as administrator with the will annexed as party defendant in lieu of A. C. Holderbaum. The motion meets with resistance, but we think it should be sustained. Our views upon…
2Cases cited5 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Field v. SchieffelinNew York Court of Chancery · 1823
- Deery v. HamiltonSupreme Court of Iowa · 1875
- Schlarb v. HolderbaumSupreme Court of Iowa · 1890
- Urban v. HopkinsSupreme Court of Iowa · 1864
3Cited by15 opinions
- Knoop v. AndersonDistrict Court, N.D. Iowa · 1947
- In Re Estate of HarshSupreme Court of Iowa · 1928
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
- American Surety Co. v. Edwards & Bradford Lumber Co.District Court, N.D. Iowa · 1944
- In re the Estate of ManningSupreme Court of Iowa · 1907
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