Spurgin v. Bowers
Supreme Court of Iowa
Appeal from Marion District Cowrt. — Hon. J. H. Henderson, Judge. Edward Murray was unmarried and died testate on June 25, 1887, possessed of real and personal property. A provision of Ms will is in words as follows: “I give and bequeath to Ezra Murray, my fourth son, one-eighth of my estate.” Ezra Murray was a non-resident of this state and indebted to the defendant on a promissory note.
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Appeal from Marion District Cowrt. — Hon. J. H. Henderson, Judge. Edward Murray was unmarried and died testate on June 25, 1887, possessed of real and personal property. A provision of Ms will is in words as follows: “I give and bequeath to Ezra Murray, my fourth son, one-eighth of my estate.” Ezra Murray was a non-resident of this state and indebted to the defendant on a promissory note. On July 20, 1887, the defendant commenced a suit in the district court of Marion county on the note against Ezra Murray, and aided the same by attachment, by virtue of which the supposed interest of Ezra in…
1Opinion of the Court
(xranger, J.
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The answer to the petition and the arguments in the case by appellant present very many objections to the decree of the district court. Having in view one fact that should be without dispute, and we may be aided much to a speedy conclusion, which is, that the claim of Ezra Murray, and hence of the defendant, to the land is secondary to that of the plaintiff for the benefit of the creditors. The claim of appellant is not to any specific portion of the land, but to an undivided one-eighth. The order of the court was not to sell a specific part, but the whole. The contention of the…
2Cases cited2 opinions
- Bunce v. BunceSupreme Court of Iowa · 1882
- Dahms v. AlstonSupreme Court of Iowa · 1887
3Cited by9 opinions
- Clark v. RossierIdaho Supreme Court · 1904
- Rice ex rel. Jones v. BoltonSupreme Court of Iowa · 1905
- In re Estate of SchultzSupreme Court of Iowa · 1921
- Mullinnix v. BrownSupreme Court of Iowa · 1911
- Mullin v. WhiteSupreme Court of Iowa · 1907
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