McClure v. Dee
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. The facts set out in tbe petition may be summarized as follows: On April 19, 1879, one Warren Dee, being tbe owner of a tract of real estate wbicb was subject to a judgment in favor of John S. Woolson, sold and conveyed said real estate, for a valuable consideration, to tbe Western Wheel Scraper Company, and the latter, on 1 March 3, 1897, conveyed tbe same to plaintiff.
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Appeal from Des Moines District Court. — Hon. James D. Smythe, Judge. The facts set out in tbe petition may be summarized as follows: On April 19, 1879, one Warren Dee, being tbe owner of a tract of real estate wbicb was subject to a judgment in favor of John S. Woolson, sold and conveyed said real estate, for a valuable consideration, to tbe Western Wheel Scraper Company, and the latter, on 1 March 3, 1897, conveyed tbe same to plaintiff. Tbe deed from D’te contained general covenants of warranty. On October 5, 1897, plaintiff was compelled to, and did, pay said judgment; tbe amount expended…
1Opinion of the CourtWaterman, J.
In disposing of the case, we shall follow counsel in the order of consideration of the questions presented.
4 According to the earlier common law, an heir was liable for the specialty debts of his ancestor to the extent in value of the assets (real estate) which descended to him. Bawle, Covenants 309, 310; Bacon Abridgement tit. “Heir” (579). In two material respects this rule has been extended,- — first by an English statute (3 & 4 W. & M.), which is a part of the common law of this country (O’Ferrall v. Simplot, 4 Iowa, 389), and by which such liability was imposed, also, upon devisees…
2Cases cited16 opinions
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- City of Nashville v. SmithTennessee Supreme Court · 1887
- Funk v. CreswellSupreme Court of Iowa · 1857
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Cheney v. StraubeNebraska Supreme Court · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Clement v. WillettSupreme Court of Minnesota · 1908
- Baker v. BakerSupreme Court of Iowa · 1935
- Elliott v. ElliottSupreme Court of Arkansas · 1972
- Foshay v. ShaferSupreme Court of Iowa · 1902
8 more not listed; retrieve them via the Exa API.