Grimmell v. Warner
Supreme Court of Iowa
Appeal from Pollc District Court. Executor’s capacity to sue: presumption op payment: TENDER OP DEED IN EQUITY BY VENDOR, &G.— Action in equity by the plaintiff, as executrix of the vendor of land against the defendant, the vendee, upon notes given by the defendant (who received a title bond from tbe vendor), and to foreclose bis interest in tbe property. Decree for plaintiff, and tbe defendant appeals.
1Opinion of the CourtDillon, J.
1. Parties: executor. I. The first question made is-upon the capacity of the plaintiff’ to maintain the action; as executrix of the will of Francis C.-G-rimmell, deceased. The facts are these: In 1856, the said Francis sold two lots in Des Moines to the- defendant, and executed to him a title bond for a deed, on -payment of certain notes given by the defendant for the purchase-money.
Before this suit, was brought the said_ Francis had deceased, and the plaintiff was duly appointed, and quali? fied as executrix. By his will, the said Francis bequeathed and devised to the plaintiff (his wife)…
2Cases cited3 opinions
- State v. DecklottsSupreme Court of Iowa · 1865
- Rutherford v. HavenSupreme Court of Iowa · 1861
- Oliver v. TownsendSupreme Court of Iowa · 1864
3Cited by12 opinions
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Wollgast v. HenningSupreme Court of Iowa · 1907
- Allen v. BrysonSupreme Court of Iowa · 1885
- Boynton v. SalingerSupreme Court of Iowa · 1910
- Barrett v. DeanSupreme Court of Iowa · 1866
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