Hawkeye Insurance v. Lisker
Supreme Court of Iowa
Appeal from Poweshiek District Court. — HoN. Johh T. Scott., Judge. The plaintiff obtained a judgment against Frederick Lisker in Polk county in October, 1873. Lisker was then, and up to the time of his death in December, 1900, a resident of Poweshiek county.
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Appeal from Poweshiek District Court. — HoN. Johh T. Scott., Judge. The plaintiff obtained a judgment against Frederick Lisker in Polk county in October, 1873. Lisker was then, and up to the time of his death in December, 1900, a resident of Poweshiek county. The defendant herein, Frederick W. Lisker, was appointed executor of his estate during the latter part of December, 1900, and the plaintiff’s claim was filed against the estate in February, 1902, only a short time after it was barred by the statute, alleging equitable grounds for its allowance. It was not allowed, and the plaintiff…
1Opinion of the CourtShebwiN, J.
The plaintiff’s judgment had slept for over twenty-seven years before the judgment defendant died, without even an inquiry as to whether it could be collected. Aside from this, however, we think no facts are shown entitling the plaintiff to equitable relief. The statutory notice *342of the appointment of the executor was duly published in the proper jurisdiction, and the plaintiff was a resident of the state, and bound to take notice of such appointment. It will not do to say that because it had no actual notice thereof it may claim equitable relief, because to so hold would destroy the…
2Cases cited2 opinions
- McCormack v. CookSupreme Court of Iowa · 1860
- Manatt v. ReynoldsSupreme Court of Iowa · 1901
3Cited by6 opinions
- Federal Land Bank v. BonnettSupreme Court of Iowa · 1939
- In Re Estate of NorthupSupreme Court of Iowa · 1975
- Northwestern Land & Investment Co. v. OstremSupreme Court of Iowa · 1924
- Bates v. RemleySupreme Court of Iowa · 1937
- Great Western Insurance v. TheedeSupreme Court of Iowa · 1926
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