45 Iowa 301 | Iowa | 1876
It may be claimed that, conceding this to be so, the claimant who files his claim between the expiration of three months from the first publication and the expiration of three months from the last publication should share pro rata in such assets as are not exhausted. The answer to that is, that any one interested has three months to file exceptions to such claim after it has been reported by the assignee, and there is no provision as to when such report should be made. Those who file within three months from the first publication file in time to enable their claims to be embraced in the assignee’s report, which must be made within a required time. Why should payment to them be delayed to enable others to share pro rata whose claims are not ■ filed soon enough to be reported? Why, indeed, should a report be required before the claims are all in which are entitled to share pro rata in the first dividends?
If section 2126 stood alone we should be inclined to think that claims filed within three months from completed publication should participate in the first dividends; but we cannot
"We think the District Court erred in sustaining the claimant’s motion.
Reversed.