Legal Opinion

Richardson v. Richardson

Supreme Court of Iowa

Decided September 23, 1904PublishedCited by 5 opinions

Appeal from Shelby District Court. — Hon. W. R. Green, Judge. Francis Richardson, a resident of Shelby county, disappeared in August, 1896, and is supposed to be dead. He was at the time of his disappearance the owner of about 1,900 acres of improved farm land in that county and in Audubon county, and of a large amount of personal property, consisting mainly of notes and mortgages executed by farmers living in those counties.

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Appeal from Shelby District Court. — Hon. W. R. Green, Judge. Francis Richardson, a resident of Shelby county, disappeared in August, 1896, and is supposed to be dead. He was at the time of his disappearance the owner of about 1,900 acres of improved farm land in that county and in Audubon county, and of a large amount of personal property, consisting mainly of notes and mortgages executed by farmers living in those counties. In November, 1896, William J. Clapper was appointed administrator of his estate, and found among his effects many notes made payable to his brothers and other relatives.…

1Opinion of the CourtSherwin, J.

The controlling question is the same in both cases, and it is this: Were the notes made payable to others than Francis Richardson the property of his estate, or were they rightfully delivered to the payees named therein 2 *670This question we must determine because of the fact that some of the notes were delivered to the payees without authority from the court, and as the evidence in the record applies as well to the notes turned over to the payees under the order of the court, we do not deem it necessary to determine the effect of that order, and shall dispose of-the entire question on its…

2Cases cited16 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Gerrish v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1880
  3. Telford v. PattonIllinois Supreme Court · 1892
  4. Love v. FrancisMichigan Supreme Court · 1886
  5. Williamson v. YagerCourt of Appeals of Kentucky · 1891

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Morsman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
  2. Jones v. NicholasSupreme Court of Iowa · 1911
  3. City of Dubuque Bridge Commission v. Board of Review of DubuqueSupreme Court of Iowa · 1942
  4. Keever v. BainterSupreme Court of Iowa · 1971
  5. Morsman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937

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