Huston v. Huston
Supreme Court of Iowa
Appeal from General Term, Fifth District (Polk County). Thursday, August 4. Jonathan B. Huston, one of the executors of the estáte of W. H. Huston, deceased, filed his application in the circuit court of Polk county, for an order to sell certain real estate which belonged to the decedent in his lifetime and had been devised by him to the appellant, Samuel Huston.
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Appeal from General Term, Fifth District (Polk County). Thursday, August 4. Jonathan B. Huston, one of the executors of the estáte of W. H. Huston, deceased, filed his application in the circuit court of Polk county, for an order to sell certain real estate which belonged to the decedent in his lifetime and had been devised by him to the appellant, Samuel Huston. The application set out a copy of the will, which showed specific devises of real and personal property, first, to David Huston ; second, to Samuel Huston ; and third, to Jonathan B. Huston ; and it was set forth in the application…
1Opinion of the Court
Cole, Ch. J.
i. default : lieatióu: ^xeoutor 8 sale I. The first question made in this case is, whether, in a proceeding for .the sale of real estate by an executor, a defendant, who has been served by publication only, has the legal right to have an order of sale made upon default set *349aside upon his mere motion therefor, at any time before the sale and within two years after the order is made.
Our statute provides (Rev. § 3160), that, “where a judgment has been rendered against a defendant or defendants, served by publication only, and who do not appear * * * such defendant may, at any time…
2Cited by4 opinions
- Huston v. HustonSupreme Court of Iowa · 1873
- Feldner v. FeldnerSupreme Court of Iowa · 1914
- In re the Estate of SchmidtSupreme Court of Iowa · 1912
- Tracy v. McLaughlinSupreme Court of Iowa · 1929