Johnston v. Johnston
Supreme Court of Iowa
Appeal from. JDelcma/re Circuit Cou/rt. Action in the circuit court to establish a claim upon a note of $300, against the estate of decedent. The claim was filed about eight and one-half months after publication of notice of the appointment of defendant as administratrix, and notice of the claim was served on the administratrix ten days before the lapse of the period of eighteen months, from the giving of administratrix’s notice.
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Appeal from. JDelcma/re Circuit Cou/rt. Action in the circuit court to establish a claim upon a note of $300, against the estate of decedent. The claim was filed about eight and one-half months after publication of notice of the appointment of defendant as administratrix, and notice of the claim was served on the administratrix ten days before the lapse of the period of eighteen months, from the giving of administratrix’s notice. The cause did not come on for hearing till after the eighteen months had elapsed. Plaintiff filed an amended and a substituted petition, alleging facts to take the…
1Opinion of the CourtDay, J.
— The only question involved is whether, under the circumstances, the plaintiff is entitled to equitable relief from the statute of limitations.
No general rule can be laid down upon this subject. Each case must be determined upon its own peculiar circumstances in view of the rights belonging to those interested in resisting a claim, and the duties devolving upon those seeking to estab*609lish it. Brewster v. Kendrick, 17 Iowa, 479. The peculiar circumstances existing in this case are as follows: The note was executed March 31,1870, and became due March 31,1871, and was payable at the Delaware…
2Cases cited1 opinion
- Brewster v. KendrickSupreme Court of Iowa · 1864
3Cited by15 opinions
- Ball v. JamesSupreme Court of Iowa · 1916
- Sankey v. CookSupreme Court of Iowa · 1891
- Roaf v. KnightSupreme Court of Iowa · 1889
- Nichols v. HarshSupreme Court of Iowa · 1926
- Craig v. Estate of CraigSupreme Court of Iowa · 1914
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