Legal Opinion

Cowins v. Tool

Supreme Court of Iowa

Decided January 25, 1872PublishedCited by 15 opinions

Appeal from Louisa District Court. Action in chancery to set aside an executor’s sale of lands, and to impeach, for fraud, settlements made with the executor by the court of probate. IJpon a trial, the district court found that the sale of the lands was fraudulent and void, and it was set aside by a proper decree. The defendants appeal. The facts of the ease appear in the opinion.

1Opinion of the Court

Beok, Ch. J.—

The defendant Tool was appointed executor of the estate of Peter Kuon, Sr., on the 9th day of February, 1849, and was duly qualified on the same day. An inventory of the personal and real estate required by law, was returned to the probate court. Two or three accounts were presented by the executor after his appointment and prior to May 30, 1852, setting out the amounts of money received and paid out by him, and showing the condition of the estate. These were approved by the judge of the court of probate, and a record entry appears in each case to the effect that the order of…

2Cases cited1 opinion

  1. Patterson v. BellSupreme Court of Iowa · 1868

3Cited by15 opinions

  1. Dorris v. MillerSupreme Court of Iowa · 1898
  2. Bradbury v. WellsSupreme Court of Iowa · 1908
  3. Murphy v. HahnSupreme Court of Iowa · 1929
  4. Essex v. DouglasSupreme Court of Iowa · 1908
  5. Woodward v. Carson, Pirie, Scott & Co.Supreme Court of Iowa · 1915

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