19 Iowa 509 | Iowa | 1865
“ 8. Claims filed within six months after the notice given by the administrator of his appointment.
“ 4. All other debts.”
.. And'the succeeding section provides that “ all claims of the fourth, of the aboye classes, not filed and proved within one year and a halfj &c., are forever barred,. unless the claim is pending in . the Supreme or District ¡Court, or unless peculiar.circumstances entitle the claimant to equitable relief”
■ It is true that such.claims have to be proved,-as well as filed, within eighteen months. This relates, however, to fourth class claims, and not those falling within the third class, or those filed within six months. If a claim of the fourth class, should be filed, but, without the'.daimant’s fault, should not be passed upon within the eighteen months, then wc can only suggest, that it would seem that the claimant would be entitled to the equitable relief contemplated by the statute. Had the statute said that all claims not filed and proved within eighteen months should be barred, there would be more force in appellant’s .position. This bar, applies, however, it will be seen, to one class, .the fourth, specifically, and not to the third or any.other. This, construction is sustained by the case above cited, as, also, by the following: Hart v. Jewett, 11 Iowa, 276; Brought v. Griffith, 16 Id., 26; Brewster v. Kendrick, 17 Id., 479.
It only remains to say, that this estate has. not been finally settled, and that there is nothing-.to show that the intervenors had abandoned their claim. ■ As we h.ave seen, the appellant has no cause to complain, the intervenom do not, and the order made by the court: below is, therefore,
Affirmed.