Iowa-Minnesota Land Co. v. Conner
Supreme Court of Iowa
Appeal from Franlclin District Gourt.— Hon.’ J. H. Richard, Judge. Nial McDonald died testaté in October, 1904, and the defendants are the duly appointed executors of his estate. On the twenty-second day of March, 1905, the plaintiff filed a petition in the district court against them as such executors, praying for tbe establishment of a claim for tbe amount due on tbe contract for tbe sale of two hundred'and forty acres of land to deceased.
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Appeal from Franlclin District Gourt.— Hon.’ J. H. Richard, Judge. Nial McDonald died testaté in October, 1904, and the defendants are the duly appointed executors of his estate. On the twenty-second day of March, 1905, the plaintiff filed a petition in the district court against them as such executors, praying for tbe establishment of a claim for tbe amount due on tbe contract for tbe sale of two hundred'and forty acres of land to deceased. Tbe executors admitted there to be-due plaintiff on tbe contract tbe amount alleged, $2,225, but pleaded a counterclaim based on a similar agreement,…
1Opinion of the CourtLadd, J.
i. Action on tract;0N _ by executors, Tbe amount claimed by tbe Iowa-Minnesota Land Company as tbe balance due on a contract for tbe sale of land to tbe deceased, Nial McDonald, was admitted by the executors of his estate. They set up a counterclaim for damages resulting to him from a breach of a like contract. Tbe plaintiff moved that its claim be allowed on the ground that it had been admitted, and that a court in probate was without *677jurisdiction, to bear and determine matters pleaded in the counterclaim. This motion was overruled, and rightly so. The action was not in probate. The…
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