Stewart v. Chadwick
Supreme Court of Iowa
Appeal from.the Dubuque District Guurt. This bill in equity was filed by Joseph and Ann Wilson, children and heirs of Abraham Wilson, deceased, and minors, suing by W. G. Stewart, and Jesse P. Farley, their guardians; and William G. Stewart, with Caroline, his wife, who was the widow of the said Abraham Wilson, to enforce the conveyance of a certain interest in mineral lot number 348, in the county of Dubuque, &c.
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Appeal from.the Dubuque District Guurt. This bill in equity was filed by Joseph and Ann Wilson, children and heirs of Abraham Wilson, deceased, and minors, suing by W. G. Stewart, and Jesse P. Farley, their guardians; and William G. Stewart, with Caroline, his wife, who was the widow of the said Abraham Wilson, to enforce the conveyance of a certain interest in mineral lot number 348, in the county of Dubuque, &c. Prior to the year 1S46, Abraham Wilson died possessed of a “ claim,” according to the custom of the country, in a tract of land, which ivas afterwards known as mineral lot number…
1Opinion of the Court
Woodward, J.-
The respondent, Collins, demurred to the bill, and the causes assigned will he noticed, without a formal statement of them. That the contract with Chadwick was made by Waller, as administrator of the estate, and not by the complainants themselves, is not a controlling *467objection. The minor heirs are the real parties in interest; and a contract by the administrator, relating to the estate, such as he had authority to make, would enure to their ben. eiit, after it should be ascertained that it was not required for the creditors. We are not aware that it has been determined whether…
2Cited by10 opinions
- Murray v. AllredTennessee Supreme Court · 1897
- Rayner v. LeeMichigan Supreme Court · 1870
- Ex Parte KottwitzTexas Supreme Court · 1928
- Ex Parte GuinnTexas Supreme Court · 1931
- Truth Lodge No. 213 v. BartonSupreme Court of Iowa · 1903
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