Findley v. Richardson
Supreme Court of Iowa
Appeal from Monroe Circuit Court. Action to recover the amount due on a promissory note executed by one T. Gr. Templeton, of whose estate defendant is administrator. The answer disclosed the fact that the note was executed in consideration of certain real estate sold and conveyed to said Templeton, the title to which, it is claimed, had failed, and it was therefore insisted that the consideration of the note had failed.
Read the full summary
Appeal from Monroe Circuit Court. Action to recover the amount due on a promissory note executed by one T. Gr. Templeton, of whose estate defendant is administrator. The answer disclosed the fact that the note was executed in consideration of certain real estate sold and conveyed to said Templeton, the title to which, it is claimed, had failed, and it was therefore insisted that the consideration of the note had failed. The defense was of an equitable character and the cause is triable de novo in this court. The Circuit Court found for the defendant, entered a judgment accordingly, and the…
1Opinion of the CourtSeeyees, J.
An January, 1861 or 1862, Jacob Beedle died, leaving surviving him a widow who has since that time become insane, and the plaintiff is her guardian. One Stewart had been her guardian, but he having died pending this action the plaintiff was appointed in his stead. Said Beedle also left surviving him several children. He made a will, but the widow *104elected to take her dower and rejected the will. She applied to the court in May, 1862, to have her dower admeasured and set apart. An order was made requiring notice to be served on the heirs at law by the publication thereof for three weeks in a…
2Cases cited2 opinions
- Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
- Bacon v. BronsonNew York Court of Chancery · 1823
3Cited by2 opinions
- Perrin v. ChidesterSupreme Court of Iowa · 1913
- Norton v. Stroud State BankSupreme Court of Oklahoma · 1906