Aschan v. McDermott
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. Lorin N. Hays, Judge. Thi¿ action, as here presented, is on defendants’ cross-petition, in which they seek to recover, from the plaintiff, certain moneys belonging to the estate of Carl Aschan, claimed to have been wrongfully obtained by the plaintiff from, the defendants under an order of court, procured through the fraud of the plaintiff in representing himself to be one of the heirs of the estate.
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Appeal from Dallas District Court. — Hon. Lorin N. Hays, Judge. Thi¿ action, as here presented, is on defendants’ cross-petition, in which they seek to recover, from the plaintiff, certain moneys belonging to the estate of Carl Aschan, claimed to have been wrongfully obtained by the plaintiff from, the defendants under an order of court, procured through the fraud of the plaintiff in representing himself to be one of the heirs of the estate. Decree dismissing defendants’ cross-petition. Defendants appeal.
1Opinion of the CourtGaynor, J.
On the 18th day of July, 1911, the plaintiff, G. L. Aschan, filed his petition in the district court of Dallas county, in which he claimed that he was entitled to a one-sixth interest in certain land belonging to the estate o.f Carl Aschan, then deceased, and asking that his interest therein be established, and that such interest be quieted in him. His petition was in three counts. In the first count he claimed that he is a child of said Carl Aschan. . In the second count he alleged that *752he was an adopted son of Carl Asehan. In the third count he alleged that in 1866 the said Carl Asehan…
2Cases cited11 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Pico v. CohnCalifornia Supreme Court · 1891
- Graves v. GravesSupreme Court of Iowa · 1906
- Tucker v. StewartSupreme Court of Iowa · 1903
- Kwentsky v. SirovySupreme Court of Iowa · 1909
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3Cited by11 opinions
- Murphy v. HahnSupreme Court of Iowa · 1929
- Bevers v. KILBURG, IN AND FOR LINN COUNTYSupreme Court of Iowa · 1982
- In Re De Penning's EstateSupreme Court of Iowa · 1953
- In Re Estate of WeidmanSupreme Court of Iowa · 1930
- Edgerly v. ShermanSupreme Court of Iowa · 1961
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