Legal Opinion

Kilmer v. Hannifan

Supreme Court of Iowa

Decided February 6, 1901PublishedCited by 1 opinion

Appeal from Harrison District Court. — Hon. William:' Hutchinson, Judge. Action in equity upon a note and mortgage. From a:, decree in plaintiff’s favor, defendants appeal.

1Opinion of the CourtWaterman, J.

*2821 *281One Cornelius Hannifan, the owner-of a half section of land in Harrison county, died intestate-in the month of January, 1889, leaving surviving him a: *282widow ánd) ten children. The widow and two of the children executed to plaintiff the mortgage and note in question; the mortgage by its terms, covering the respective interests of the signers. After the execution of the mortgage the real ■estate was, by proper proceedings on the part of the admintrator, sold to pay the debts of Cornelius ITannifan, and plaintiff was the purchaser thereof. There was a surplus after the debts were paid, and it…

2Cases cited5 opinions

  1. First National Bank of Waterloo v. ElmoreSupreme Court of Iowa · 1879
  2. Gray v. NelsonSupreme Court of Iowa · 1889
  3. Patterson v. MillsSupreme Court of Iowa · 1886
  4. Delaware Railroad Construction v. Davenport & St. Paul Railway Co.Supreme Court of Iowa · 1877
  5. Fuller, Williams & Co. v. LamarSupreme Court of Iowa · 1880

3Cited by1 opinion

  1. Winger Contracting Company v. Cargill, IncorporatedSupreme Court of Iowa · 2019

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