State ex rel. Attorney General v. Tilghman
Supreme Court of Iowa
Appeal from the Webster District Court. In August, 1855, Francis W". Allen departed this life. In September following, three of the defendants were appointed administrators of his estate. One of them, (Thrift), resigned, and in January following, the others, under an order of the proper county court, sold two hundred acres of land, of which Allen died seized, to Butter-worth, and said Thrift.
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Appeal from the Webster District Court. In August, 1855, Francis W". Allen departed this life. In September following, three of the defendants were appointed administrators of his estate. One of them, (Thrift), resigned, and in January following, the others, under an order of the proper county court, sold two hundred acres of land, of which Allen died seized, to Butter-worth, and said Thrift. This bill was filed in the name of the attorney general, in July, 1856, and sets out in substance, that Allen died, leaving no heirs; that he was not in debt; that he was, at the time, a resident of…
1Opinion of the CourtWright, C. J.
— Complainant moved for a continuance, which motion was overruled, and this is the first question presented for our consideration. At the October term, 1856, the cause being at issue, was continued to the next term, and set down for hearing upon depositions. The law then fixed the next term in October, 1857, but on the 28th of January, 1857, the legislature passed an act, fixing the terms thereafter, in March and September of each year. The motion to continue was made at the March term, 1857, and sets up this change in the law, and the inability of the complainant, for that reason, as well as…
2Cases cited2 opinions
- Smith v. BrushNew York Court of Chancery · 1815
- Davis v. StevensSupreme Court of Iowa · 1856
3Cited by4 opinions
- Jones v. BerryhillSupreme Court of Iowa · 1868
- State v. RorabacherSupreme Court of Iowa · 1865
- Stone v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Campbell v. AyresSupreme Court of Iowa · 1865