Estate of Brandes v. Buchholz
Supreme Court of Iowa
Appeal from Lee District Court. — Hon. Henry Bank, Jr., Judge. In an action in probate by the executor of the estate of Johanna Brandes, deceased, to sell the real estate of which she died seised for the payment of debts, Mina Hoyer and Conrad Hoyer, by way of answer to the application, sought to have costs recovered against the deceased in another proceeding, declared to be a lien upon the real property of the deceased or the proceeds thereof.
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Appeal from Lee District Court. — Hon. Henry Bank, Jr., Judge. In an action in probate by the executor of the estate of Johanna Brandes, deceased, to sell the real estate of which she died seised for the payment of debts, Mina Hoyer and Conrad Hoyer, by way of answer to the application, sought to have costs recovered against the deceased in another proceeding, declared to be a lien upon the real property of the deceased or the proceeds thereof. The executor resisted this relief, and, among other things, pleaded that whatever claim the Hoyers may have for costs is more than offset by…
1Opinion of the CourtDeemer, J.
Defendants, Brandes and Bucbholz, are devisees under the last will and testament of Johanna Brandes, deceased, and defendants Herminghausen & Hermingkausen are creditors of the deceased. After the death of William Brandes, the husband of Johanna Brandes, now deceased, the widow brought action to have her distributive share of her husband’s estate set aside to her. Mina and Conrad Hoyer and William and Edward Vogel defended. The Hoyers alleged that three of the lots which appeared to have been owned by deceased really belonged to them under a contract with the deceased and his wife, whereby…
2Cases cited4 opinions
- Albee v. CurtisSupreme Court of Iowa · 1889
- Lind v. AdamsSupreme Court of Iowa · 1860
- Frankel v. Chicago, Burlington & Pacific R'y Co.Supreme Court of Iowa · 1886
- Roane v. HamiltonSupreme Court of Iowa · 1897
3Cited by3 opinions
- Stryker v. SandsSupreme Court of New Jersey · 1950
- Stryker v. SandsSupreme Court of New Jersey · 1950
- Stryker v. SandsSupreme Court of New Jersey · 1950