Legal Opinion

Fordyce v. Hicks

Supreme Court of Iowa

Decided May 26, 1890PublishedCited by 5 opinions

Appeal from Monroe District Court. — Hon. Dell Stuart, Judge. This is an action in equity by which the plaintiff seeks to subject certain land to the payment of a judgment rendered in favor of Melvina Bone, his intestate, and against T. S. Tharp and William Hicks, and the administrator of Aaron Hicks, upon a certain promissory note executed by said Tharp and by William Hicks and Aaron Hicks.

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Appeal from Monroe District Court. — Hon. Dell Stuart, Judge. This is an action in equity by which the plaintiff seeks to subject certain land to the payment of a judgment rendered in favor of Melvina Bone, his intestate, and against T. S. Tharp and William Hicks, and the administrator of Aaron Hicks, upon a certain promissory note executed by said Tharp and by William Hicks and Aaron Hicks. Upon a 'full trial on the merits, a decree was entered for the defendants, and the plaintiff appeals.

1Opinion of the CourtRothrock, C. J.

— It appears from the evidence that more than forty years ago Aaron Hicks and William Hicks jointly entered and purchased from the United States about eight hundred acres of land in Monroe *274county. They were brothers. Aaron was married, and William was unmarried, and he has ever since so remained. They took possession of the land, and improved it; built a dwelling-house and other buildings on the northwest quarter of the northeast quarter of section 32, in township 73, in said county; the said tract being part of the joint purchase. Aaron and his wife,. Elizabeth Hicks, one of the defendants…

2Cases cited4 opinions

  1. Thorn v. ThornSupreme Court of Iowa · 1862
  2. Hewitt v. RankinSupreme Court of Iowa · 1875
  3. Drake v. MooreSupreme Court of Iowa · 1885
  4. Hoyt v. HoytSupreme Court of Iowa · 1886

3Cited by5 opinions

  1. Livasy v. State BankSupreme Court of Iowa · 1919
  2. Lamp v. LempfertSupreme Court of Iowa · 1966
  3. Gardner v. BaileySupreme Court of Iowa · 1957
  4. In Re the Estate of LiikeCourt of Appeals of Iowa · 2009
  5. Proefrock v. American National BankNorth Dakota Supreme Court · 1935

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