Roney v. Conable
Supreme Court of Iowa
Appeal from Buchanan District Court — Hon. A. S, Blair, Judge. Petition in equity in the nature of a creditors’ bill to subject certain real estate held in the name of E. W. Conable and Minnie A. Byrnes to the payment of claims held against E. B. Conable, E. A. Conable, Frank Byrnes, and a partnership composed of said Frank Byrnes and E. B. or E. A. Con-able.
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Appeal from Buchanan District Court — Hon. A. S, Blair, Judge. Petition in equity in the nature of a creditors’ bill to subject certain real estate held in the name of E. W. Conable and Minnie A. Byrnes to the payment of claims held against E. B. Conable, E. A. Conable, Frank Byrnes, and a partnership composed of said Frank Byrnes and E. B. or E. A. Con-able. There was a decree for plaintiff, subjecting the property to the payment of claims against the bankrupt, and E. W. Conable and Minnie A. Byrnes appeal.—
1Per curiam
The petition does not state, in substance or effect, that the property of the estate in the trustee’s hands is insufficient to pay his debts proved against the bankrupts. Neither is there any evidence in the record to show such deficiency. In the absence of both allegation and proof of this material fact, we think the law is well settled that plaintiff is not entitled to a decree. The case of Deland v. Bank, 119 Iowa, 368, seems to be directly in point upon this proposition. See, also, Mueller v. Bruss, 112 Wis. 406 (88 N. W. Rep. 229). The appellants at all times during the trial made proper…
2Cases cited2 opinions
- Mueller v. BrussWisconsin Supreme Court · 1901
- Deland v. Miller & Cheney BankSupreme Court of Iowa · 1903
3Cited by5 opinions
- Kies v. WilkinsonWashington Supreme Court · 1918
- McElroy v. AllfreeSupreme Court of Iowa · 1906
- Seager v. ArmstrongSupreme Court of Minnesota · 1905
- Flint v. ChaloupkaNebraska Supreme Court · 1908
- Cree v. Bradley's BankSupreme Court of Iowa · 1909