Senneff v. Brackey
Supreme Court of Iowa
Appeal from Winnebago District Court. — Hon. C. H. Kellt, Judge. Action to foreclose a mortgage given by Albert A. Brackey upon lands devised to him by one Alf. T. Brackey. A special administrator of the estate of Alf. T. Brackey claimed that a judgment held by him against Albert A. Brackey for money converted by him, although rendered after the execution of the mortgage to plaintiff, was a prior lien.
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Appeal from Winnebago District Court. — Hon. C. H. Kellt, Judge. Action to foreclose a mortgage given by Albert A. Brackey upon lands devised to him by one Alf. T. Brackey. A special administrator of the estate of Alf. T. Brackey claimed that a judgment held by him against Albert A. Brackey for money converted by him, although rendered after the execution of the mortgage to plaintiff, was a prior lien. The trial court found that the judgment was entitled to priority, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
Alf. Tallaekson Brackey, by his last will and testament, devised to his son, Albert A. Brackey, a life estate in. a certain quarter section of land with remainder over equally to all the children of Albert A. The remainder of his estate, both real and personal, was devised equally to all his children. At the time of decedent’s death, Albert A. had in his possession $3,260 which belonged to his father, or his estate. Albert was then and has ever since been insolvent. Decedent died April 12, 1909, and Albert A. offered the will for probate. All the other heirs joined in contesting the will, and…
2Cases cited38 opinions
- Koons v. MellettIndiana Supreme Court · 1889
- Oxsheer v. NaveTexas Supreme Court · 1897
- Koon v. TramelSupreme Court of Iowa · 1887
- Fiscus v. MooreIndiana Supreme Court · 1890
- Webb v. FullerSupreme Judicial Court of Maine · 1893
33 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Woods v. KnottsSupreme Court of Iowa · 1923
- In Re Estate of SheelerSupreme Court of Iowa · 1939
- Schultz v. LockeSupreme Court of Iowa · 1927
- Kramer v. HofmannSupreme Court of Iowa · 1934
17 more not listed; retrieve them via the Exa API.