Senat v. Findley
Supreme Court of Iowa
Appeal from Monroe Circuit Court. Plaintiff filed a claim in the Circuit Court against the estate of which defendant is the administrator for one-third of the rents and profits of certain lands which the decedent in his life-time occupied and cultivated. The court allowed upon the claim three hundred and twenty dollars and seventy-five cents, and ordered that amount to be paid by the administrator, who appealed from the decision.
1Opinion of the Court
Beck, Ch. J.
— I. The defendant, in his answer to plaintiff’s claim, denied generally all allegations thereof, and averred that it did not accrue within five years, and was, therefore, barred by the statute of limitations, and that the claim was not filed within twelve months of the giving of notice of the appointment of the administrator, and was, therefore, under Code, § 2421, barred. In her reply the plaintiff alleges that she did not prosecute her claim, or file the same against the estate at an earlier day, for the reason that she was kept in *21ignorance of her rights through the fraudulent…
2Cases cited6 opinions
- Brewster v. KendrickSupreme Court of Iowa · 1864
- Findley v. StewartSupreme Court of Iowa · 1877
- McCormack v. CookSupreme Court of Iowa · 1860
- Ferrall v. IrvineSupreme Court of Iowa · 1861
- Shomo v. BissellSupreme Court of Iowa · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Sankey v. CookSupreme Court of Iowa · 1891
- Nichols v. HarshSupreme Court of Iowa · 1926
- Asher v. PeggSupreme Court of Iowa · 1909