Smith v. McFadden
Supreme Court of Iowa
Appeal from Cass Circuit Cowrt. ' O. 0. Keith, II. Ransford and W. L. Brown executed their joint and several notes to, the plaintiff; Brqwn died, and on March 18, 1876; Keith was appointed administrator of the es- * tate. On the 29th day of July thereafter the plaintiff filed his claims duly verified against the estate, in which he claimed the amount due on said notes.
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Appeal from Cass Circuit Cowrt. ' O. 0. Keith, II. Ransford and W. L. Brown executed their joint and several notes to, the plaintiff; Brqwn died, and on March 18, 1876; Keith was appointed administrator of the es- * tate. On the 29th day of July thereafter the plaintiff filed his claims duly verified against the estate, in which he claimed the amount due on said notes. On August first, 1876, there was indorsed thereon the following: I, O. 0. Keith, administrator of said named estate, being fully satisfied with the correctness of the within named claim to the amount of $500 do with the…
1Opinion of the CourtSeevers, J.
i. estate • aiclaim^adjudication. The amount claimed to be due the plaintiff on the notes was much greater than the amount allowed by administrator, and counsel for the defendant insists the allowance made, and the approval of the same by the clerk and court, amounts to an adjudication of the whole claim, and that as such adjudication has not been set aside or appealed from the subject matter can*484not be again adjudicated. Whether this is so depends upon the statute. It is provided: “Claims against the estate shall be clearly stated, sworn to and filed, and ten days notice of the hearing…
2Cases cited2 opinions
- Goodrich v. ConradSupreme Court of Iowa · 1868
- Sellon & Co. v. BradenSupreme Court of Iowa · 1862
3Cited by11 opinions
- In Re Estate of NicholsonSupreme Court of Iowa · 1941
- Clapp v. WallaceSupreme Court of Iowa · 1936
- Chicago & Northwestern Railway Co. v. MossSupreme Court of Iowa · 1930
- Wilson v. McElroySupreme Court of Iowa · 1891
- Blue Grass Savings Bank v. FullerSupreme Court of Iowa · 1940
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