Wilson v. Smith
Supreme Court of Iowa
Appeal from Harrison District Oov/rt — IIon. Gr. W. Wake-field, Judge. The defendants, Joseph H. Smith and O. S. Parker, are executors of the estate of Ezra Perry, deceased. The plaintiff, Allen Wilson, filed a claim against the estate for money paid as attorney’s fee in an action of Annis Mitchell v. Allen Wilson et al. The claim was allowed, and the defendants appeal.
1Opinion of the Court
Adams, Ch. J.
The fact appears to be that Annis Mitchell brought an action to establish a boundary line, and made defendants, not only this plaintiff, Allen Wilson, but the deceased, Ezra Perry, and one other person. Erom the judgment establishing the boundary, the defendant, Allen Wilson, (present plaintiff,) appealed. The evidence, we think, tends to show that Perry also felt aggrieved by the judgment, and desired that an appeal should be taken, and told Wilson that he would pay one-half of the cost of the appeal. His promise to pay, however, was a mere verbal promise, and the defendants…
2Cited by3 opinions
- Schaafs v. WentzSupreme Court of Iowa · 1897
- Adamson v. McKeonSupreme Court of Iowa · 1929
- Chena Lumber & Light Co. v. LaymonDistrict Court, D. Alaska · 1910