Bates v. Dunham
Supreme Court of Iowa
Appeal from Jackson Circuit Court. This action was commenced at law for the possession of a note-executed by Noah Hutchins, and a mortgage executed to secure the same. Afterwards an amended petition in equity was filed, asking that an account be taken of the amount received by the defendant on said note, that it be decreed that he holds the same in trust for the benefit of said minors, and that he be required to pay the money in his hands to the parties entitled thereto.
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Appeal from Jackson Circuit Court. This action was commenced at law for the possession of a note-executed by Noah Hutchins, and a mortgage executed to secure the same. Afterwards an amended petition in equity was filed, asking that an account be taken of the amount received by the defendant on said note, that it be decreed that he holds the same in trust for the benefit of said minors, and that he be required to pay the money in his hands to the parties entitled thereto. The court found that there is due the plaintiff from the defendant five hundred and forty six dollars and eighty one cents.…
1Opinion of the CourtDay, J.
1. GUARDIAN: power of: direction of court. On the 6th day of December, 1878, one L. D. McCoy was the guardian of the minor heirs of C. T. Hutchins, deceased, and had in his hands, as such guardian, a ’ ’o’ ■a0^;e ^or $^00, executed by Noah Hutchins, and secured by mortgage. On said 6th day of December, 1878, L. D. McOoy borrowed of the defendant Dunham $176, and executed his own note therefor, due in thirty days, with semi-annual interest, and attorneys fees if collected by suit. He represented that he wanted the money for the purpose of paying the necessary expenses of his wards, and…
2Cases cited1 opinion
- Minor Heirs of Bradford v. BodfishSupreme Court of Iowa · 1874
3Cited by29 opinions
- Sturgis v. SturgisOregon Supreme Court · 1908
- Easton v. SomervilleSupreme Court of Iowa · 1900
- In Re Guardianship of DamonSupreme Court of Iowa · 1947
- Andrew v. Farmers Sav. Bk. of GoldfieldSupreme Court of Iowa · 1929
- Andrew v. Sac County State BankSupreme Court of Iowa · 1928
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