Scovil v. Fisher
Supreme Court of Iowa
Appeal from Kossuth District Court. — Hon. Lot Thomas, Judge. The plaintiff, Scovil, filed in tlie district court, sitting as a'court of probate, a claim against tbe estate of Lorenzo Price, based on a judgment of the district court of Dallas county. Upon a trial on the merits the claim was disallowed and rejected. Plaintiff appeals.
1Opinion of the CourtBeck, J.
1. jurisdiction: appearanee evidence: I. The judgment which is the foundation of plaintiff’s claim was rendered in an action to íoreclose a mortgage, brought by one Richard against Price and wife, the mortgagors, the plaintiff in this suit, Scovil, who held a note secured by the mortgage, and others, who claimed some interest in the real estate covered by the mortgage. Scovil hied a cross-bill, asking a foreclosure of the mortgage, and a judgment on his note. The notice to the mortgagor Price of the filing of the cross-bill was given by publication. The decree declares that Price appeared…
2Cited by2 opinions
- Smith v. KingSupreme Court of Iowa · 1893
- Stevens v. WitterSupreme Court of Iowa · 1893