Capper v. Sibley
Supreme Court of Iowa
Appeal from Mahasl&a District Court. Action upon á coal-mining lease, to recover for rent alleged to be due under the same. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendants appeal.
1Opinion of the CourtAdams, J.
i. circuit' batebusiness: transacted county. • The lease in cpiestion purports to be executed by the plaintiff as “ executrix of the estate of John Capper, deceased.” In her petition, she avers that it was executed “ by virtue of her authority as executrix of her late husband, deceased, John Capper, and the authority of the circuit court of Mahaska county.” The defendants pleaded a general denial. The plaintiff, for the purpose of proving her authority to execute the lease, was allowed to introduce in evidence, against the defendant’s objection, the record of the circuit court of *755Mahaska…
2Cases cited4 opinions
- Franklin v. TwogoodSupreme Court of Iowa · 1865
- Shawhan v. LongSupreme Court of Iowa · 1868
- Rogers v. LoopSupreme Court of Iowa · 1879
- Casey v. StewartSupreme Court of Iowa · 1882
3Cited by3 opinions
- Whitlock v. WadeSupreme Court of Iowa · 1902
- Steiner v. LenzSupreme Court of Iowa · 1899
- Sutton v. GrahamMississippi Supreme Court · 1902