Laverty v. Woodward
Supreme Court of Iowa
Appeal from Warren District Court. Action by the plaintiff as tbe widow and assignee of part of the heirs-at-law of-Samuel Laverty, deceased, to recover certain rents and profits received by the defendant, and arising from the real estate of the intestate. The defendant demurred to the petition on several grounds, and the demurrer being in part sustained, the plaintiff refused to amend and judgment was rendered against her, from which she appeals.
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Appeal from Warren District Court. Action by the plaintiff as tbe widow and assignee of part of the heirs-at-law of-Samuel Laverty, deceased, to recover certain rents and profits received by the defendant, and arising from the real estate of the intestate. The defendant demurred to the petition on several grounds, and the demurrer being in part sustained, the plaintiff refused to amend and judgment was rendered against her, from which she appeals. But one question of law is presented in this case. Has the administrator a right to the rents and profits of the real estate of the decedent as…
1Opinion of the CourtDillon, J.
The petition alleged that the defendant,
after his. appointment as administrator, received the rents and profits of certain real estate which “ belonged to the estate of Samuel Laverty, deceased.”
The plaintiff, as widow and as the assignee by written assignment of part of the heirs-at-law of the said Samuel, brought this action to recover the amount so received by the defendant. The Court below, on demurrer, held the petition insufficient to authorize a recovery. The correctness of this ruling depends wholly upon the true construction of the petition. If the action is to be treated as one…
2Cited by16 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Herriott v. PotterSupreme Court of Iowa · 1902
- In re Estate of DaltonSupreme Court of Iowa · 1918
- In Re Estate of DuffySupreme Court of Iowa · 1940
- Pennock v. PennockSupreme Court of Iowa · 1904
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