In re Estate of Deaner
Supreme Court of Iowa
Appeal from Black Hawk District Court. — HoN. E. C. Platt, Judge. Samuel DeaNee died in 1901, and bis widow, Susan 0. Deaner, was appointed administratrix of bis estate. On the 11th of November, 1901, she filed, as a claim against the estate, two promissory notes, dated June 20, 1884, and December 1, 1890, respectively — the first for $835, and the last for $500 — each bearing interest at the rate of six per cent, per annum, and payable on demand.
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Appeal from Black Hawk District Court. — HoN. E. C. Platt, Judge. Samuel DeaNee died in 1901, and bis widow, Susan 0. Deaner, was appointed administratrix of bis estate. On the 11th of November, 1901, she filed, as a claim against the estate, two promissory notes, dated June 20, 1884, and December 1, 1890, respectively — the first for $835, and the last for $500 — each bearing interest at the rate of six per cent, per annum, and payable on demand. A special administrator was appointed, who reported in favor of the allowance of the claim, but to this the heirs objected on the ground that the…
1Opinion of the Court
Ladd, J.—
wipe: action by -wife. The notes upon which the claim against the estate of deceased is based were executed more than ten years prior to his death, and were payable on demand. The consideration was the loan of money belonging to claimant to her husband. To this claim the _ bar of the statute of limitations was interposed as a defense. The claimant contends that this ought not to have been sustained, for that the wife could not have maintained an action on the notes against her husband in his lifetime, and hence that the period of the statute did not begin to run until coverture had…
2Cases cited15 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Logan v. HallSupreme Court of Iowa · 1865
- Wilson v. WilsonCalifornia Supreme Court · 1868
- Bromwell v. Estate of BromwellIllinois Supreme Court · 1891
- Mereness v. First National BankSupreme Court of Iowa · 1900
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3Cited by11 opinions
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- De Baun's v. De BaunSupreme Court of Virginia · 1916
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