Legal Opinion

Cloud v. Malvin

Supreme Court of Iowa

Decided May 24, 1898PublishedCited by 8 opinions

Appeal from Delaware District Gourt. — PIon. J. J. Tolee-ton, Judge. CeeditoRs’ bill to subject certain lauds, the title towbicb is in W. H. Malvin and S. S. Malvin, to the payment of a judgment held by plaintiff against Sarah Malvin. The trial court subjected certain of the lands, and denied relief as to the remainder, and both parties appeal. As the defendants first perfected their appeal, they will be called the appellants.

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Appeal from Delaware District Gourt. — PIon. J. J. Tolee-ton, Judge. CeeditoRs’ bill to subject certain lauds, the title towbicb is in W. H. Malvin and S. S. Malvin, to the payment of a judgment held by plaintiff against Sarah Malvin. The trial court subjected certain of the lands, and denied relief as to the remainder, and both parties appeal. As the defendants first perfected their appeal, they will be called the appellants. A statement of the issues will be found in the opinion.—

1Opinion of the Court

Deeaier, O. J.

*541 *53Samuel Malvin, Sr., died intestate January 19, 1872, seized of two hundred and twenty acres of-land, and possessed of personal property to the amount of about fifteen thousand dollars. Iiis widow, Sarah, and his son Philip S. were appointed administrators of the estate. The son undertook the active management of the property, and squandered nearly all the personal assets in speculation on the board of trade. In February of 1878 he absconded and has never since been heard from. Shortly after his departure, various creditors brought suit against him, as *54well as against other…

2Cases cited8 opinions

  1. Allison v. HaganNevada Supreme Court · 1877
  2. Chapin v. PeaseSupreme Court of Connecticut · 1834
  3. Stephens v. Heirs of HarrowSupreme Court of Iowa · 1868
  4. Allen v. SeawardSupreme Court of Iowa · 1892
  5. Butler v. NelsonSupreme Court of Iowa · 1887

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3Cited by8 opinions

  1. Farmers & Merchants Bank v. DaikerSupreme Court of Iowa · 1914
  2. Powell v. Nevada, California & Oregon RailwayNevada Supreme Court · 1905
  3. De France v. ReevesSupreme Court of Iowa · 1910
  4. United States Fidelity & Guaranty Co. v. Leong Dung DyeCourt of Appeals for the Ninth Circuit · 1931
  5. Wilson v. LindhartSupreme Court of Iowa · 1933

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