Parsons v. Gilbert, Hedge & Co.
Supreme Court of Iowa
Appeal from Des Moines District Court. N. P. Sunderland filed a petition in the Circuit Court of Des Moines county, setting forth, in substance, that he and one-R. C. Kendall were partners and as such owned the property in controversy; that said partnership was largely indebted, and said Kendall having died his heirs were made parties; and the prayer of the petition was that the real estate in controversy be charged with the payment of tbe partnership debts'; that a receiver…
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Appeal from Des Moines District Court. N. P. Sunderland filed a petition in the Circuit Court of Des Moines county, setting forth, in substance, that he and one-R. C. Kendall were partners and as such owned the property in controversy; that said partnership was largely indebted, and said Kendall having died his heirs were made parties; and the prayer of the petition was that the real estate in controversy be charged with the payment of tbe partnership debts'; that a receiver be appointed and the property sold. A decree in accordance with the prayer of the petition was rendered. The plaintiff…
1Opinion of the Court
Seevers, Oh. J.
r. specific §elay™fndor ana venaee. It is conceded that the real estate in controversy was not conveyed to Sunderland and Kendall as part- ■ ners) but to each individually. There was nothon bhe face of the conveyances, nor any writing growing it to be partnership property. The facts upon which Sunderland based his claim' existed wholly in parol. The heirs of Kendall made no defense. Robert K. Griffith, one of said heirs if the property did not belong to the partnership, owned the one undivided fifteenth part. At the time Sunderland filed his petition, and the rendition of the…
2Cases cited3 opinions
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Harper v. SextonSupreme Court of Iowa · 1867
- Auter v. MillerSupreme Court of Iowa · 1865
3Cited by2 opinions
- Hopwood v. McCauslandSupreme Court of Iowa · 1903
- Giltner v. RaylSupreme Court of Iowa · 1894