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IN RE HOELSCHER'S ESTATE

No. 49328.

87 N.W.2d 446 (1958)

In the Matter of the ESTATE OF Gust HOELSCHER, Deceased. Marcus Hoelscher, Administrator. Don W. BARKER, Appellee, v. Marcus HOELSCHER, Administrator of the Estate of Gust Hoelscher, Deceased, Appellant.

Supreme Court of Iowa.

January 14, 1958.

Attorney(s) appearing for the Case

Lundy, Butler, Lundy & Wilson, Eldora, for appellant.

Bateson & Ryan, Eldora, for appellee.

WENNERSTRUM, Justice.

The holder by assignment of four promissory notes previously given to A. C. Thornburg by Gust Hoelscher, now deceased, filed a claim on said notes in his estate. Previously and on November 12, 1949 Gust Hoelscher had brought an action against A. C. Thornburg for the cancellation of these notes and for general equitable relief. The court in that action, after a trial, dismissed the petition on December 19, 1950. It is the claim of the defendant...

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