143 Iowa 553 | Iowa | 1909
Prior to April 12, 1901, Charles R. Blackman, a merchant doing business in Ida County, Iowa, became indebted to Baxter, Reed & Co. to the sum of about $5,000. This sum being unpaid, and Baxter, Reed & Co. pressing him for his payment or security, Blaclc- . man made to said creditor a chattel mortgage upon his
After said action was instituted, and before its decision, Baxter, Reed & Co. made and filed a written application in the probate proceedings referring to the claim
It can make no difference with the application of this rule that the administrator was stimulated to bring the suit by other creditors who would be wholly shut out if the .validity of the mortgage were conceded, for, assuming the invalidity of the mortgage, they were acting within their rights in so doing. Nor do we see that the fact, brought out in testimony, that the attorneys representing the administratrix were representing also' the interested creditors, and agreed to release the administratrix from, all liability for the value of their services except as to any sum which the court might thereafter allow against the estate on their account, constitutes any reason for disallowing the claim. The effect was not to release the estate from its proper burden on this account, but to assure the administratrix against any personal liability therefor.
It follows from the foregoing opinion that the judgment of the district court as to the taxation of attorney’s fees in favor of the administrator is affirmed, and ■ that its order fixing the basis upon which appellants shall share
Affirmed in part; reversed in part.