Jackson v. Jones

• Citation: 300 N.W. 668,231 Iowa 106
• Decision Date: 18 November 1941
• Docket Number: No. 45667.,45667.
• Parties: JACKSON v. JONES (two cases).
• Court: Iowa Supreme Court

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...