Legal Opinion

Woodward v. Laverty

Supreme Court of Iowa

Decided December 24, 1862PublishedCited by 11 opinions

Appeal from the Warren District Court. The defendants Laverty and Igow, with one Kitchell, since deceased, as the trustees of the Methodist Episcopal Church, Palmyra, Iowa, gave their promissory note to Samuel Laverty for $120, the one sued on. Samuel Laverty died soon thereafter. The plaintiff was appointed administrator of Ms estate, and as such brought this action to recover the amount of said note.

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Appeal from the Warren District Court. The defendants Laverty and Igow, with one Kitchell, since deceased, as the trustees of the Methodist Episcopal Church, Palmyra, Iowa, gave their promissory note to Samuel Laverty for $120, the one sued on. Samuel Laverty died soon thereafter. The plaintiff was appointed administrator of Ms estate, and as such brought this action to recover the amount of said note. The defendants answer, admitting the execution of the note, but claim an accord and satisfaction by the said administrator, agreeing to receive in payment of said note a certain note given by…

1Opinion of the CourtBaldwin, C. J.

The court erred in sustaining the defendants’ demurrer to plaintiff’s replication. Section 2404, Revision of 1860, provides the order in which claims against an estate shall be paid by the administrator. The next section provides that all claims, after the fourth of the above classes (and the defendants’ claim falls within this class), not filed and proved within one year and a half of *383the giving of the notice aforesaid, are forever barrtd, unless the claim is pending in the District or Supreme Court, or unless peculiar circumstances entitle the claimant to equitable relief.

It is not alleged…

2Cases cited1 opinion

  1. Cook v. LovellSupreme Court of Iowa · 1860

3Cited by11 opinions

  1. Preston v. WalkerSupreme Court of Iowa · 1868
  2. Fountain v. WestSupreme Court of Iowa · 1867
  3. Cooley v. SmithSupreme Court of Iowa · 1864
  4. Sullivan v. NicoulinSupreme Court of Iowa · 1901
  5. Van Horn v. SmithSupreme Court of Iowa · 1882

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