Van Patten v. Waugh
Supreme Court of Iowa
Appeal from Jaclcson District Court. — IIon. A. J. House, Judge. ON tbe 25tb day of March, 1899, P. V. Yan Patten filed two claims against the estate of Prank P. Yan Patten, deceased.
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Appeal from Jaclcson District Court. — IIon. A. J. House, Judge. ON tbe 25tb day of March, 1899, P. V. Yan Patten filed two claims against the estate of Prank P. Yan Patten, deceased. In each the copy of a promissory note of $500 dated March 1, 1893, one payable in one year and the other in two years to G. W. Vine, and signed by P. P. Yan Patten and F. V. Yan Patten, -was set out, and the following affidavit attached: “State of Iowa, Jackson County — ss.: I, P. P. Yan Patten, being duly svrorn, on oath say that I am the owner of the note, a copy of which is hereto attached; that the same is…
1Opinion of the CourtLadd, J.
The claims herein were first filed against the defendant as administratrix of the estate of Prank P. Van Patten, deceased, March 25, 1899, and within five years after their payment by the plaintiff in the fall of 1894. At that time the demand for their allowance was based upon plaintiff’s affidavit that he was owner of the notes, and that they were entirely unpaid. This filing.was equivalent to the beginning of an action. Fritz v. Fritz, 93 Iowa, 27. Not until November 1, 1900, more than five years after such payment, were the claims amended so as to assert that plaintiff had signed the notes…
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