Madison v. Shockley
Supreme Court of Iowa
Appeal from Story Gvrcuit Court. Action in Chancery. The petition alleges tbat defendant, W. C. Shockley, is the administrator of the estate of Peter Oleson, deceased, and that the other defendants are the widow and heirs of decedent; that plaintiff holds a mortgage executed by Able Oleson in his life, upon certain lands which, since his death, has been foreclosed and judgment rendered against the defendants who were parties to the foreclosure proceedings and thereon the…
Read the full summary
Appeal from Story Gvrcuit Court. Action in Chancery. The petition alleges tbat defendant, W. C. Shockley, is the administrator of the estate of Peter Oleson, deceased, and that the other defendants are the widow and heirs of decedent; that plaintiff holds a mortgage executed by Able Oleson in his life, upon certain lands which, since his death, has been foreclosed and judgment rendered against the defendants who were parties to the foreclosure proceedings and thereon the land, covered by the mortgage, was sold for a sum not sufficient to pay the judgment, which, as to a part thereof, remains…
1Opinion of the CourtBeck, J.
i adminissoíf tort • ilaMiity.
I
It appears from the evidence in the case that the administrator had received no assets of the estate, all of which, prior to his appointment, had gone into the hands of the widow and heirs and had been used by tfiem ia the purchase and improvement of the land which plaintiff seeks to subject to the payment of his claim. The widow and heirs became liable each as an administrator de son tort, in an action by a creditor to the extent of the value of the property of decedent that came into their hands. Code, § 2484. Elder v. Littler, 15 Iowa, 65. The assets of the…
2Cases cited1 opinion
- Elder v. LittlerSupreme Court of Iowa · 1863
3Cited by3 opinions
- Davenport v. SandemanSupreme Court of Iowa · 1927
- Dexter v. HayesSupreme Court of Iowa · 1893
- Baldridge v. EvansSupreme Court of Iowa · 1917