McFarland v. McGhee

Albert, J. —

The plaintiff was the owner of Lot 2 in Block 48 in the town of Stuart, Iowa, at the time in controversy. The adjoining lot was owned by Wade and J. F. McGhee,' or by J. F. McGhee alone, and was occupied by the defendant R. A. McGhee, as a tenant. While Wade and J. F. McGhee are made de-. fendants in the petition, no notice was served on either of them, and they did not appear in the case. R. A. McGhee appeared and filed answer and proceeded to trial, resulting as above stated. Execution was issued, and plaintiff paid tbe costs in tbe lower court.

After this ease had been appealed,…