Willcox v. Jackson
Supreme Court of Iowa
Appeal from Monroe Circuit Court. On the 14th day of September, 1876, the plaintiff, as administratrix of the estate of Jeremiah Willcox, deceased, filed her petition claiming of the defendant one hundred and thirty-four dollars and eighty-four cents. On the 26th day of September, 1876, the defendant filed his answer, denying every allegation of the petition.
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Appeal from Monroe Circuit Court. On the 14th day of September, 1876, the plaintiff, as administratrix of the estate of Jeremiah Willcox, deceased, filed her petition claiming of the defendant one hundred and thirty-four dollars and eighty-four cents. On the 26th day of September, 1876, the defendant filed his answer, denying every allegation of the petition. On the 27th day of February, 1877, the defendant filed his counter-claim, alleging “that on or about the 8th day of September, 1873, in the life-time of the said Jeremiah Willcox, defendant sold and delivered to said Willcox nineteen…
1Opinion of the CourtDay, J.
1. adminisTRATOR : time forming claim, — I. It is claimed that the facts alleged in the reply show that the defendant’s claim is barred by the statute of limRations, and that the demurrer to the reply was . _ improperly sustained. The Code, § 2366, provides that executors or administrators, when first appointed, shall publish such notice of their appointment as the court or clerk may direct, which direction shall be indorsed on the letters, when issued. The reply alleges that plaintiff gave due and legal notice of said appointment by publication in a newspaper for two weeks, the publications…
2Cases cited2 opinions
- Wile v. WrightSupreme Court of Iowa · 1871
- Noble v. MorreySupreme Court of Iowa · 1865
3Cited by3 opinions
- Ware v. HowleySupreme Court of Iowa · 1886
- Lucas v. RudenSupreme Court of Iowa · 1935
- Brownell v. WilliamsSupreme Court of Iowa · 1880