Phinny v. Warren
Supreme Court of Iowa
Ajppeal from Mahaska Circuit Court. Action in equity upon a promissory note. The note was-executed by one Ooonrod as principal and the defendant as surety, and made payable to one Joseph P. Phinny, who died intestate March 22, 1867. The plaintiffs are the heirs of the intestate, and claim to be the owners of the note as such heirs. No letters of administration ever issued upon the intestate’s estate.
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Ajppeal from Mahaska Circuit Court. Action in equity upon a promissory note. The note was-executed by one Ooonrod as principal and the defendant as surety, and made payable to one Joseph P. Phinny, who died intestate March 22, 1867. The plaintiffs are the heirs of the intestate, and claim to be the owners of the note as such heirs. No letters of administration ever issued upon the intestate’s estate. This action was brought after the lapse of five years fc from his death, but within ten years from the time the note matured. The plaintiffs set up as the ground of equitable jurisdiction the…
1Opinion of the Court
Adams, J., „ mtafiteatorls promissory note. ^ The defendant insists that the plaintiffs have no remedy at law because there has been no administration, and no distribution, and no remedy in equity because there is no ground of equitable jurisdic-. tion. If the time had not expired within which an administrator might be appointed, it would seem to be certain that the action could not be maintained. Haines v. Harris, 33 Iowa, 516. But it is shown that the statutory period has expired and that no administrator can be appointed. "Whether the heirs can now be regarded as holding the legal title to…
2Cases cited3 opinions
- Haynes v. HarrisSupreme Court of Iowa · 1871
- Thompson v. ThomasMississippi Supreme Court · 1855
- Perryman v. GreerSupreme Court of Alabama · 1863
3Cited by20 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
- In re Estate of AckenSupreme Court of Iowa · 1909
- Murphy v. MurphySupreme Court of Iowa · 1890
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