Secor v. Siver
Decision Date | 14 April 1914 |
Parties | SECOR ET AL. v. SIVER ET AL. |
Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Linn County; Milo P. Smith, Judge.
Action upon a foreign judgment. Defendants interposed various defenses, to some of which plaintiffs demurred. The demurrer was sustained, and exception taken, and the case went to trial upon the remaining issues, resulting in a judgment and decree for plaintiffs, and defendants appeal. Reversed and remanded.Redmond & Stewart, of Cedar Rapids, for appellants.
E. A. Johnson, of Lisbon, for appellees.
The action is upon a judgment rendered in the state of New York, in a suit by Margaret J. Secor, administratrix, against Elizabeth and James E. Siver, on August 28, 1895; it being a deficiency judgment, amounting, as is alleged, to the sum of $1,709.58. Margaret Secor died, and plaintiff was substituted as administrator in the courts of New York.
The cause of action was originally held by John S. Secor, deceased. This suit is in equity, for the reason that certain conveyances made by James E. and Elizabeth Siver to their sons, Ed and Fred Siver, also defendants, were alleged to have been made to hinder, delay, and defraud plaintiffs of their rights. An ancillary administrator was appointed in this state, and this administrator is joined as a party plaintiff.
Among other defenses, the principal defendants pleaded that the judgment was based upon a note executed to John F. Secor by James E. and Elizabeth Siver, as the purchase price of certain real estate in the state of New York, which note was secured by mortgage upon the said real estate. They also pleaded that Secor obtained the note by fraud, and misrepresentations in the sale of the land, and that he, ...
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Carron v. Abounador Et Ux.
...Iowa, 618, 144 N. W. 607; Rudolph Hardware Co. v. Price et al., 164 Iowa, 353, 145 N. W. 910, Ann. Cas. 1916D, 850; Secor et al. v. Siver et al., 165 Iowa, 673, 146 N. W. 845; Calhoun v. Taylor et al., 178 Iowa, 56, 159 N. W. 600; Welton v. Atkinson, 55 Neb. 674, 76 N. W. 473, 70 Am. St. Re......
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Carron v. Abounador
...618, 144 N.W. 607; Rudolph Hardware Co. v. Price et al., 164 Iowa 353, 145 N.W. 910, Ann.Cas. 1916D, 850; Secor et al. v. Siver et al., 165 Iowa 673, 146 N.W. 845; Calhoun v. Taylor et al., 178 Iowa 56, 159 N.W. 600; Welton v. Atkinson, 55 Neb. 674, 76 N.W. 473, 70 Am.St.Rep. 416; Fisher et......
- Secor v. Siver
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In re Stephenson's Estate, 46390.
...that the claim against the estate is barred by this special limitations statute. Ware v. Howley, 68 Iowa 633, 27 N.W. 789;Secor v. Siver, 165 Iowa 673, 678, 146 N.W. 845. See also First Nat'l. Bank of Indianola v. Malone, 8 Cir., 76 F.2d 251, 255. The proposed compromise merely recognized t......