Lamm v. Sooy
Supreme Court of Iowa
Appeal from Shelly District Court.— Hon. George Carson, Judge. Actions to establish, certain claims against the estate of Michael Langton, deceased, of which, the defendant Sooy was the duly appointed and qualified administrator. There being two cases, resting partly upon the same facts, and involving the same questions, they are submitted together.
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Appeal from Shelly District Court.— Hon. George Carson, Judge. Actions to establish, certain claims against the estate of Michael Langton, deceased, of which, the defendant Sooy was the duly appointed and qualified administrator. There being two cases, resting partly upon the same facts, and involving the same questions, they are submitted together. On June 27, 1887, plaintiff filed his petition to‘establish his claim on a note alleged to have been executed to him by C. A. Topping and the deceased for one hundred and fifty dollars, with ten per cent, interest from date; that he had filed said…
1Opinion of the CourtGiven, J.
i. estates of oia1msefíimiawírelief?14" mode of trial. I. These claims, not having been filed within six months after the first publication of notice ^le administrator’s appointment, became claims of the fourth class. Code, sec. 2420. Claims of that class, “not filed and proved wjthin'twelve months of the giving of the notice aforesaid, are forever barred, unless the claim is pending in the district or supreme court, unless *597peculiar circumstances entitle the claimant to equitable relief.” Code, sec. 2421. We understand appellee’s position to be that claims presented for allowance after twelve…
2Cases cited2 opinions
- Johnston v. JohnstonSupreme Court of Iowa · 1873
- Ingham v. DudleySupreme Court of Iowa · 1882
3Cited by13 opinions
- Ontjes v. McNiderSupreme Court of Iowa · 1937
- Nichols v. HarshSupreme Court of Iowa · 1926
- Craig v. Estate of CraigSupreme Court of Iowa · 1914
- Asher v. PeggSupreme Court of Iowa · 1909
- Peterson v. JohnsonSupreme Court of Iowa · 1927
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