59 Iowa 624 | Iowa | 1882
William Tracy was appointed administrator of the estate of B. F. Cox. From time to time the said Tracy made reports to the court of his doings as administrator, and, as we understand, in 1876 he made what he designated his final report 'and asked to be discharged. This report was referred by the court to a referee, who, in April
In April, 1879, Tracy, Hobsman and Mortz, filed what is styled a petition in equity and answer to the motion aforesaid. The relief asked was that the judgment be set aside, the sale of the real estate be declared void, and the appellants be allowed to introduce evidence showing that no judgment should be rendered against them. An injunction was also asked and granted. The defendants appeared and answered the pleadsngs filed by appellants. The cause came on for a hearing, and the court ordered that the judgment be set aside and vacated, and the cause was set down for further hearing. No ex-exceptions were taken to this action of the court. Amendments to the pleadings were filed by the appellants, and the defendants filed a reply in which they asked “that the proceedings heretofore had by this court be not disturbed, and such other and further relief as the court shall deem equitable. Thereupon the cause came on for hearing before the court, and evidence was introduced by both parties. The court found there was a certain amount due from Tracy as administrator, and judgment was rendered against his estate, but no judgment was rendered against the appellants, Hobsman and Mortz.
The judgment recites that Tracy was dead at the time it was rendered, but there is nothing tending to show when he died, or that his administrator, if one was appointed, was made a party to this proceeding. The record shows that
Dismissed.