Legal Opinion

Wilcox v. Jackson

Supreme Court of Iowa

Decided December 9, 1881PublishedCited by 6 opinions

Appeal from Monroe Circuit Court. This case was before us on a former appeal. See 51 Iowa, 296, to wliick, for a statement in part of tlie case, reference is here made.

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Appeal from Monroe Circuit Court. This case was before us on a former appeal. See 51 Iowa, 296, to wliick, for a statement in part of tlie case, reference is here made. The cause having been remanded to the court below, the defendant filed an amendment to his counter-claim as follows: “That there are equitable circumstances entitling the defendant to relief and that the counter-claim though not» proved within one year after the giving notice by the administratrix of her appointment is not barred. Said equitable circumstances are as follows: Defendant filed said counter-claim in the office of…

1Opinion of the CourtDay, J.

The evidence is not contained in the abstract and hence the finding of the court must be regarded as embodying the facts of the case. The court submitted a finding of facts as follows:

“1. In the fall of 1873 Jerre Wilcox, now deceased, and Henry Saunders were partners in buyiug and selling cattle and live stock. Said Wllcox furnished all the purchase-money, and each sharing equally in the profits and losses. That about the last of September or first of October, 1873, these parties purchased of the defendant, N. P. Jackson, fourteen steers, averaging 1,200 pounds in weight, at four cents per…

2Cited by6 opinions

  1. Craig v. Estate of CraigSupreme Court of Iowa · 1914
  2. 666 West End Avenue Corp. v. PalmerSupreme Court of Iowa · 1931
  3. Manatt v. ReynoldsSupreme Court of Iowa · 1901
  4. Ury v. BushSupreme Court of Iowa · 1892
  5. Estate of Schram v. KissingerSupreme Court of Iowa · 1926

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