Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 159

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 159

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 2009-12 edition. Excerpt: ... in our opinion when it occurred. If not until afterwards, then the evidence simply shows that the defendant agreed to pay the claim. But an administrator cannot legally pay any claim unless it has been established as a claim against the estate in the manner provided by law. Both parties are presumed to so know. The promise, therefore, could not have been unconditional, and the plaintiff should have so known. The promise, conceding it to have been made as broadly as the plaintiff claims, as to which there are serious doubts, was one on which he cannot be permitted to rely to excuse his own negligence. Besides this, the plaintiff does not testify that, relying on such promise, he failed to prove his claim; but only that relying thereon he permitted the mortgage property to be sold. The fact that he had a mortgage and released the property is wholly immaterial. Again, the plaintiff did not rely on the promise, because he filed the claim in time, but negligently omitted to prove it. The circumstances do not, in our opin ion, 'entitlc the plaintiff to equitable relief. Rnvuasnn. 1. Guardian: EXTENT or surnonrrr UNDER GENERAL APPOINTMENT. One who is appointed guardian of a. minor in general, --that is, without any limitation of his authority, is charged with the care and custody of the person. as well as of the property, of his ward. 2. Adoption: or cnrnn urmnn GUARDIANSHIP. Where a guardian of the person and property of a minor child has been duly appointed, such child cannot be adopted by a. third party without the gua.rdian's consent. Whether it could be done with such consent, quacre. 3. Parent and Child: POWER or rnnnnr T0 MAKE onsr. cmr on emu) T0 ANOTHER. The law does not confer upon a. parent the power to make a. mere oral gift...show more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236797841
  • 9781236797841