Cummings v. Landes
Supreme Court of Iowa
■Appeal from Van Burén District Court. — IIon. O. W. Vermillion, Judge. The petition alleged that in his lifetime Oliver IT.
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■Appeal from Van Burén District Court. — IIon. O. W. Vermillion, Judge. The petition alleged that in his lifetime Oliver IT. P. Cummings owned eighty acres of land; that he died testate in 1883, devising a life estate therein to his widow and the remainder to his son, Freemont Cummings; that the widow accepted under the will and has since died; that Freemont Cummings died in 1899, leaving a widow, Alice E. Cummings, and four children, Annie E., Jessie L., Perry M-, and Charles IT. Cummings; that at the March, 1903, term of court, in an action entitled John H. Landes v. Alice Cummings et al.,…
1Opinion of the CourtLadd, C. J.
— The allegations of the petition were such *82that the demurrer was erroneously sustained if it shall be found that no notice of a suit for the foreclosure of a mortgage on eighty acres of land begun in 1903 was served on the plaintiffs, for in that event it appeared therefrom that each of them owned a one-sixth interest therein. If it be found otherwise, the ruling on the demurrer was correct. As is alleged, a printed copy of the original notice was pasted on a piece of paper, and the return of service by the sheriff is that he served this on plaintiffs’ then under fourteen years of age, “by…
2Cases cited22 opinions
- Lane v. WalkerCalifornia Supreme Court · 1895
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Gray v. Palmer & EatonCalifornia Supreme Court · 1858
- Herrick v. MorrillSupreme Court of Minnesota · 1887
- Hoitt v. SkinnerSupreme Court of Iowa · 1896
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Irving v. Goodimate Co.Massachusetts Supreme Judicial Court · 1946
- Martin Bros. Box Co. v. FritzSupreme Court of Iowa · 1940
- Swift v. SwiftSupreme Court of Iowa · 1947
- Yaggy v. BVD COMPANYCourt of Appeals of North Carolina · 1970
- Sleeper v. KillionSupreme Court of Iowa · 1914
21 more not listed; retrieve them via the Exa API.