Jackson v. Jones, No. 45667.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtWENNERSTRUM
Citation300 N.W. 668,231 Iowa 106
Docket NumberNo. 45667.
Decision Date18 November 1941
PartiesJACKSON v. JONES (two cases).

231 Iowa 106
300 N.W. 668

JACKSON
v.
JONES (two cases).

No. 45667.

Supreme Court of Iowa.

Nov. 18, 1941.


Appeal from District Court, Ringgold County; Geo. A. Johnston, Judge.

Two actions, one in equity and the other in probate, were consolidated for trial. In the equity action the court refused to set aside a default in an action brought by a special administrator to set aside a deed. In the probate action the court refused to set aside an order authorizing the special administrator to sell the real estate recovered by the special administrator in the equity action. Julia C. Jones, widow, appeals from the rulings of the court.

Affirmed in part, reversed in part.

[300 N.W. 669]

Emmet R. Warin, of Mt. Ayr, and O. M. Slaymaker, R. E. Killmar, and D. D. Slaymaker, all of Osceola, for appellant.

Frank F. Wilson and Beard & Beard, all of Mt. Ayr, for appellee.


WENNERSTRUM, Justice.

The proceedings that are before us involve two actions that were consolidated for trial and were determined in a single ruling by the district court. Julia C. Jones, widow of K. D. Jones, decedent, was named administratrix upon the opening of her husband's estate. R. P. Jackson later, upon the application of Tapp Brothers, claimants in the estate, was named special administrator. His appointment was made while Julia C. Jones continued to hold the office of administratrix. No action has been taken to remove her from her originally appointed position. The special administrator, in the probate proceedings, was authorized by the court to bring an action in equity against Julia C. Jones to set aside a deed given by the decedent, Jones, to his wife shortly before his death. This deed had conveyed an unincumbered farm of approximately 239 acres to the widow. In the equity action brought by the special administrator to set aside the deed given by the decedent to his widow, there was a default entered against Julia C. Jones and a decree signed setting aside the deed. Julia C. Jones sought to have the default and the decree as entered set aside. The widow, in the probate proceedings, also endeavored to have set aside an order that had been entered previously authorizing the special administrator to sell the real estate that was involved in the equity action. Upon the trial of the two actions, jointly heard, the court refused to set aside the default in the equity action, and also the order authorizing the special administrator to sell the real estate. Julia C. Jones appeals.

The facts as disclosed by the record are as follows: K. D. Jones died intestate on the 1st day of August 1935. He had been the owner of 239 acres of unincumbered land in Ringgold County, Iowa. The decedent Jones became seriously ill during the early hours of August 1, 1935 and was advised by the attending physicians that he could not live long. A notary public was called early that day and a deed was prepared which conveyed the land in question to Julia C. Jones. This deed was signed by the decedent by mark and delivered. It was recorded in the office of the Recorder of Deeds in Ringgold County, Iowa, on August 9, 1935.

The widow, Julia C. Jones, was appointed administratrix of the estate of K. D. Jones, deceased, on August 24, 1935, gave bond, qualified and entered upon the discharge of her duties as such administratrix, and she has since continued in that capacity, no proceedings having been instituted to remove her from that office. The decedent, Jones, left surviving him, his widow, Julia C. Jones, two children born to him and the appellant and also two children born to him by a previous marriage.

Alvin Jones, a son of the first marriage, owed two promissory notes to a partnership known as Tapp Brothers. K. D. Jones, the decedent, had signed these notes as surety. The claim on this indebtedness was filed against the estate of K. D. Jones and was allowed on November 7, 1939 as a claim of the third class in the amount of $2,651.72. This claim has never been paid.

On January 28, 1937 the appellant, Julia C. Jones, as administratrix, filed her final report in her husband's estate. This final report showed that the claim of Tapp Brothers remained unpaid and further stated that the estate was insolvent. Objections were thereafter filed to this final report. They have not been ruled upon by the court and Julia C. Jones remains the administratrix of this estate, as originally appointed.

On January 4, 1938 Tapp Brothers, the claimants, filed an application for an order for an examination of Julia C. Jones, and for the appointment of a special administrator. An examination and hearing was had on May 12, 1939. On this date the court entered an order to the effect that Julia C. Jones admitted at this hearing that her husband's estate was insolvent; that there was not sufficient personal property to pay the claims of this estate, and that the said Julia C. Jones admitted that the transfer of the real estate by her husband to her was made on the date of his death and that she did not

[300 N.W. 670]

pay anything therefor; that a special administrator should be appointed and an action brought by said administrator to secure for the Jones estate the title to the real estate conveyed to the widow. On July 31, 1939 an order was signed in the probate proceedings in the Jones estate appointing R. P. Jackson as special administrator. This order was not filed until November 27, 1939. On December 5, 1939 there was filed another order appointing R. P. Jackson as special administrator and authorizing him to bring suit to set aside the deed to the 239 acres of land conveyed to Julia C. Jones. On December 7, 1939 the special administrator gave bond and letters of administration were issued to him. Thereafter a suit in equity was filed by the special administrator in the District Court of Ringgold County, Iowa against Julia C. Jones to set aside the deed to the land conveyed to her.

The petition of the special administrator alleged that the conveyance to Julia C. Jones was without consideration, was a fraud on the creditors of K. D. Jones, deceased, and further alleged that the conveyance was made to avoid the payment of the claim of Tapp Brothers. It further alleged that after the 239 acres of land had been conveyed the estate was thereafter insolvent. The original notice in this equity action which was brought for the January 1940 term of the District Court of Ringgold County, Iowa showed that substituted service was had on Julia C. Jones by leaving a copy at the home of William C. Jones, her son. At that time she was, as she claimed, working in Nebraska and living at the home of relatives. Julia C. Jones in later proceedings questioned the sufficiency of this notice and claimed she was not a member of the family of her son, William C. Jones. Warin & Warin, Attorneys at Law, Mt. Ayr, Iowa, appeared for Julia C. Jones in the equity...

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3 practice notes
  • Severson v. Sueppel, No. 52529
    • United States
    • United States State Supreme Court of Iowa
    • July 11, 1967
    ...v. Hutchinson, 50 Iowa 364; Jones v. Merrill, 73 Iowa 234, 34 N.W. 829; Briggs v. Coffin, 91 Iowa 329, 59 N.W. 259. In Jackson v. Jones, 231 Iowa 106, 115, 300 N.W. 668, 673, we say: 'It is generally the holding of courts that trials are looked upon with favor and defaults should be avoided......
  • Jarvis' Estate, In re, No. 54375
    • United States
    • United States State Supreme Court of Iowa
    • April 9, 1971
    ...that no rights are lost. Whether the appointee is designated a special or temporary administrator is of no consequences. Jackson v. Jones, 231 Iowa 106, 114, 300 N.W. 668, 672; In re Estate of Peers, 234 Iowa 403, 411, 12 N.W.2d 894, Code section 633.3(32) defines temporary administrator as......
  • Conservatorship of Summers, Matter of, No. 2-65777
    • United States
    • Court of Appeals of Iowa
    • November 24, 1981
    ...our agreement with appellant is fatal to his claim. Our reading of the above mentioned statutes, when combined with Jackson v. Jones, 231 Iowa 106, 113, 300 N.W. 668, 671 (1941), which was relied on by the trial court, requires that we affirm the trial court. A petition to sell must be file......
3 cases
  • Severson v. Sueppel, No. 52529
    • United States
    • United States State Supreme Court of Iowa
    • July 11, 1967
    ...v. Hutchinson, 50 Iowa 364; Jones v. Merrill, 73 Iowa 234, 34 N.W. 829; Briggs v. Coffin, 91 Iowa 329, 59 N.W. 259. In Jackson v. Jones, 231 Iowa 106, 115, 300 N.W. 668, 673, we say: 'It is generally the holding of courts that trials are looked upon with favor and defaults should be avoided......
  • Jarvis' Estate, In re, No. 54375
    • United States
    • United States State Supreme Court of Iowa
    • April 9, 1971
    ...that no rights are lost. Whether the appointee is designated a special or temporary administrator is of no consequences. Jackson v. Jones, 231 Iowa 106, 114, 300 N.W. 668, 672; In re Estate of Peers, 234 Iowa 403, 411, 12 N.W.2d 894, Code section 633.3(32) defines temporary administrator as......
  • Conservatorship of Summers, Matter of, No. 2-65777
    • United States
    • Court of Appeals of Iowa
    • November 24, 1981
    ...our agreement with appellant is fatal to his claim. Our reading of the above mentioned statutes, when combined with Jackson v. Jones, 231 Iowa 106, 113, 300 N.W. 668, 671 (1941), which was relied on by the trial court, requires that we affirm the trial court. A petition to sell must be file......

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