McMurray v. Day
Supreme Court of Iowa
Appeal from Polk Cvrcuit Court. Action to set aside a deed of a certain tract of land in Polk county, made by plaintiffs to defendant, and for a decree that he reconvey the same; and also for a decree for an accounting in regard to rents and profits and improvements. There was a decree for the plaintiffs. The defendant appeals.
1Opinion of the Court
A DAMS, Ch. J.
The plaintiff Mary A. McMurray is the widow of Hiram McMurray, deceased, and the other plaintiffs are his children. Hiram McMurray died in 1876, leav-, ing the land in question and considerable other property.' He was also somewhat in debt. The defendant was apjoointed administrator, and qualified and acted as such. In the course of the administration it was represented by the defendant, and believed by the plaintiffs, to be necessary to sell the real estate in question to raise money to pay the debts of the estate. The plaintiffs aver, in substance, that it was not in fact…
2Cases cited1 opinion
- Williams v. WellsSupreme Court of Iowa · 1883
3Cited by16 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981
- Marquam v. RossOregon Supreme Court · 1905
- Ontjes v. McNiderSupreme Court of Iowa · 1937
- National Brake & Electric Co. v. ChristensenCourt of Appeals for the Seventh Circuit · 1919
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