Legal Opinion

Rule v. Carey

Supreme Court of Iowa

Decided October 27, 1916PublishedCited by 34 opinions

Appeal from Dallas District Court. — J. H. Applegate, Judge. The plaintiffs above named, each holding one or more alleged promissory notes made by Samuel Rule in his lifetime, filed their several claims against his estate. The heirs of the deceased were permitted to appear in the hearing and resist the allowance. In each instance the claim was allowed as prayed, and defendants appeal.

Read the full summary

Appeal from Dallas District Court. — J. H. Applegate, Judge. The plaintiffs above named, each holding one or more alleged promissory notes made by Samuel Rule in his lifetime, filed their several claims against his estate. The heirs of the deceased were permitted to appear in the hearing and resist the allowance. In each instance the claim was allowed as prayed, and defendants appeal. Though the issues raised in the several eases are dissimilar, they have been tried and submitted together, and will be disposed of in separate paragraphs of a single opinion.

1Opinion of the CourtWeaver, J.

I. Mary L. Rule is the widow of Samuel Rule, deceased, and bases her claim upon three several promissory notes made to her by her husband in his. lifetime and after the date of their marriage. These notes are as follows: One for $2,500, bearing date March 1, 1910; one for $900.50, dated December 13, 1912; and one for $1,298, dated August 5, 1914. The maker of these notes died February 17, 1915. The resistance to the claim made on these notes is in writing, and may be stated briefly as follows: That deceased was- not in fact indebted to plaintiff; that he never in fact executed or delivered…

2Cases cited31 opinions

  1. Koon v. TramelSupreme Court of Iowa · 1887
  2. Creveling v. BantaSupreme Court of Iowa · 1908
  3. Matheson v. MathesonSupreme Court of Iowa · 1908
  4. Heacock v. HeacockSupreme Court of Iowa · 1899
  5. Hagerman v. WigentMichigan Supreme Court · 1896

26 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. State v. BrooksSupreme Court of Iowa · 1917
  2. In Re Estate of TaltySupreme Court of Iowa · 1942
  3. McKemey v. KetchumSupreme Court of Iowa · 1919
  4. In Re Estate of WorkSupreme Court of Iowa · 1930
  5. Midland Mortgage Co. v. RiceSupreme Court of Iowa · 1924

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API