Black v. Black
Supreme Court of Iowa
Appeal from Iowa Circuit Court. The facts disclosed by the record in. this case are substantially as follows: Dominick Black purchased of the plaintiff Wetherell certain lands, and received a bond for a deed, upon the condition of the payment' of certain notes executed for the purchase price. ■ On the 31st day of December, 1867, Dominick Black conveyed all his interest in said lands to his two minor sons, Peter and Charles Edward Black, and authorized them to procure a deed…
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Appeal from Iowa Circuit Court. The facts disclosed by the record in. this case are substantially as follows: Dominick Black purchased of the plaintiff Wetherell certain lands, and received a bond for a deed, upon the condition of the payment' of certain notes executed for the purchase price. ■ On the 31st day of December, 1867, Dominick Black conveyed all his interest in said lands to his two minor sons, Peter and Charles Edward Black, and authorized them to procure a deed therefor. On the 28th of May, 1870, Dominick Black departed this life, not having paid for said lands nor procured a…
1Opinion of the CourtDay, J.
When this case was before us upon the former appeal we held that Wetherell, notwithstanding the decree of foreclosure, was entitled to receive a pro rata portion of the-proceeds of the personal property of the estate, and that, in the absence of any proof of an intention to charge the lands *696in the hands of the minors, as between them and the estate, the property could not be charged therewith, and that the creditor, at his option, could enforce the claim, either against the lands or the proceeds of the personal property in the hands of the administrator. Hence we reversed the order of the…
2Cited by1 opinion
- Matter of Estate of LauSupreme Court of Iowa · 1989