94 Iowa 569 | Iowa | 1895
I. Appellants say in argument: “This case involves the settlement of but .one proposition we care to discuss: Is the right of action of plaintiff barred by the statute of limitations?” The facts appearing upon this question are these: S. A. Eeed died July 1, 1890, leaving the plaintiff, his widow, and the defendants, his brothers and sisters, the only heirs surviving him. The property described wais occupied by deceased and plaintiff as their homestead at and for a long time prior to his death, and by the plaintiff ever since. Plaintiff was appointed administratrix of the estate on July 5,1890, and letters issued to her on July 7. Notice of her appointment was published from July 8 to 29, and an inventory and. list of heirs and description .of real estate filed September 1, 1890. August 26, 1890, Hardin county filed a claim for one thousand one hundred and forty-two dollars and thirteen cents for money expended by it for keeping deceased at the hospital for the insane, which claim was allowed by the court on the eighteenth day of October, 1890. On June 22,1891, plaintiff was granted leave to institute proceedings in the courts of Nebraska for the sale of real estate there situated. The assets on hand, including the Nebraska land, are insufficient to pay said claim of Hardin county; therefore plaintiff filed this petition on the ninth day of September, 1893.
In McCrary v. Tasher, 41 Iowa, 258, this court said: “Our statute contains no limitation of the time within which an executor must make application for the sale of real estate for the payment of debts. But it is manifest that the right ought not to continue without limitation. There must be some time when the heirs may
As already stated, the only question before us is whether “the peculiar circumstances of the case are of such a character as to make it the duty of a court of equity to depart from this general rule;” namely, the limit named. Our conclusion is that the circumstances are of that character, and that the decree of the district court should be affirmed.