Ferrall v. Irvine
Supreme Court of Iowa
Appeal from Jasper District Court. It appears that the plaintiff was appointed administi ator of the estate of A. B. Ferrall in June 3856, of which due notice was given. In May 1857, he resigned this position, and was succeeded by one Hart, who in March 1859, was succeeded by the present defendant.
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Appeal from Jasper District Court. It appears that the plaintiff was appointed administi ator of the estate of A. B. Ferrall in June 3856, of which due notice was given. In May 1857, he resigned this position, and was succeeded by one Hart, who in March 1859, was succeeded by the present defendant. The petition in this case was filed in the District Court, with the consent and approval of the county judge, November 2,1858, and claims four thousand dollars as, and for, money paid for the use and benefit of the intestate. Defendant answers, setting up among other things, that the claim of…
1Opinion of the CourtWeight, J.
The District Court did not err in sustaining this demurrer. The language of the statute is, that all claims of this class, if not filed and proved within one year and a half of the giving of the notice required by § 1857, are forever barred, unless the same are pending in the District or Supreme Court, or unless peculiar circumstances entitle the plaintiff to equitable relief. (Section 1873.)
It was no excuse for his failure to present his demand for allowance, that he could not present the same to himself as administrator. The statute, § 1369, provides expressly for such a case. He could not…
2Cited by6 opinions
- Bentley & Olmstead v. StarrSupreme Court of Iowa · 1904
- Lucas v. RudenSupreme Court of Iowa · 1935
- Northwestern Land & Investment Co. v. OstremSupreme Court of Iowa · 1924
- Senat v. FindleySupreme Court of Iowa · 1879
- Potter v. BrentlingerSupreme Court of Iowa · 1902
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