Persons v. Persons
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Plaintiee filed a claim against the estate of H. H. Persons, deceased, in the sum of $703.35. The administratrix entered a denial, and set up a counterclaim in favor of the estate in the sum of $1,109.70. The cause was tried to a jury, which under the direction of the court, returned a verdict in favor of plaintiff for the sum of $515.69. Prom a judgment allowing the claim in that amount, plaintiff…
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Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge. Plaintiee filed a claim against the estate of H. H. Persons, deceased, in the sum of $703.35. The administratrix entered a denial, and set up a counterclaim in favor of the estate in the sum of $1,109.70. The cause was tried to a jury, which under the direction of the court, returned a verdict in favor of plaintiff for the sum of $515.69. Prom a judgment allowing the claim in that amount, plaintiff appeals.
1Opinion of the CourtWaterman, J.
The contest is over a single item of the counterclaim which was disallowed by order of the trial court. This was a charge of $600, as the consideration of a sale by H. H. Persons to plaintiff of a timber claim, so called, in Dakota. The undisputed evidence shows that the claim was originally taken up by one E. J. Scott. H. H. Persons, it is argued, bought of Scott and sold to plaintiff. There is no evidence, however, that decedent ever procured any relinquishment to be filed by Scott, or ever went into possession. It is conceded that the claim has now passed into the hands of another. The…
2Cases cited1 opinion
- Palmer v. MarchSupreme Court of Minnesota · 1885