Haynes v. Harris
Supreme Court of Iowa
Appeal from Pottawattamie District Oowrt. Action at law upon a promissory note, executed by defendant to Maria Haynes, April 14, 1860, and due one day after date. Tbe petition alleges tbat tbé payee of tbe note died intestate in tbe State of Indiana, July 20, 1862 ; that no administration was ever granted upon her estate, and that plaintiffs are her sole heirs.
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Appeal from Pottawattamie District Oowrt. Action at law upon a promissory note, executed by defendant to Maria Haynes, April 14, 1860, and due one day after date. Tbe petition alleges tbat tbé payee of tbe note died intestate in tbe State of Indiana, July 20, 1862 ; that no administration was ever granted upon her estate, and that plaintiffs are her sole heirs. It is alleged that upon her death the real and personal estate owned by her came into the possession of plaintiffs as her heirs. Plaintiffs aver that the note in suit, upon the death of the payee, became the property of plaintiffs as…
1Opinion of the Court
Beck, Ch. J.
Upon the trial of this case, under the issues formed by the pleadings, the parties agreed that the allegations of the petition, to the effect that no administrar tion had been taken out, upon the estate of the payee of the note, in Indiana, or elsewhere, and that she died intestate, at the time and place stated in the petition, should be taken as true. This admission, and the note sued upon, was all the evidence introduced by plaintiffs. Defendant gave in evidence the statutes of the State of Indiana, which provide no limitation by lapse of time, against granting administration,…
2Cases cited5 opinions
- Smith v. DennySupreme Court of Missouri · 1865
- Woodin v. BagleyNew York Supreme Court · 1835
- Roorbach v. LordSupreme Court of Connecticut · 1822
- Coons v. Nall's HeirsCourt of Appeals of Kentucky · 1823
- Rhodes v. StoutSupreme Court of Iowa · 1868
3Cited by20 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
- In re Estate of AckenSupreme Court of Iowa · 1909
- Murphy v. MurphySupreme Court of Iowa · 1890
- Murphy v. HanrahanWisconsin Supreme Court · 1880
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