Bayless v. Powers
Supreme Court of Iowa
Afjpeal from Allamakee Circuit Court. In June, 1877, the plaintiff recovered a judgment in the district court against Malacbi Powers, who died in September, 1878, and the defendant was appointed administrator of his estate.
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Afjpeal from Allamakee Circuit Court. In June, 1877, the plaintiff recovered a judgment in the district court against Malacbi Powers, who died in September, 1878, and the defendant was appointed administrator of his estate. Notice of his appointment and qualification as such was given October 20, 1878. In January, 1879, the plaintiff filed a certified transcript of said judgment with the clerk of the circuit court, as a claim against the estate, and the same was entered by said clerk in the list of claims. But the transcript was not entitled as against the estate or the administrator, nor was…
1Opinion of the CourtSeevers, J.
When a judgment has been rendered against a decedent in his life time, which the personal estate is insufficient to satisfy, an action may be commenced to enforce the payment of the judgment by sale of the real estate. Code, % 3092.
This section implies that such a judgment must be paid out of the personal estate in the first instance. But, before this can be done, it must be filed and-allowed as a claim against the estate.
Claims against an estate must be “ clearly stated, sworn to and filed.” Code, § 2408. The administrator may approve and allow them. If he does not do so, they must be heard…
2Cited by1 opinion
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