Roy v. Duff
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. W. H. Fahey, ■ Judge. Action by an administrator to recover the possession of certain negotiable paper issued and made payable to plaintiff’s intestate, against one who claims to be' the owner by gift, and rests his right to the possession and ownership of the note upon the mere evidence of possession. Judgment for the plaintiff in the court below. Defendant appeals.
1Opinion of the CourtGaynor, J.
Plaintiff is administrator of one Margaret Bennett, who died in the month of July, 1913. This action is brought to recover the possession of five certificates of deposit and of one promissory note. At the time this action was commenced, these certificates and the note were in the possession of the defendant, Susan Duff. The plaintiff prayed that the defendant be required to turn them over to him as administrator. Susan Duff, answering, admitted that at one time Margaret Bennett was the owner of the note and certificates, but denies that she was the owner at the time of her death. Admits that…
2Cases cited7 opinions
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- Vastine v. WildingSupreme Court of Missouri · 1869
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