Shoemake v. Smith
Supreme Court of Iowa
Appeal from Marion District Court. — ITon. O. B. Atees, Judge. Action in equity to foreclose a mortgage alleged to Pave been executed by defendants, John and Jennie Smith, on the northwest quarter of the southeast quarter, and the north fifteen acres of the west twenty-five acres of the southwest quarter of the southeast quarter, of section 1, township 75, range 18, Marion county.
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Appeal from Marion District Court. — ITon. O. B. Atees, Judge. Action in equity to foreclose a mortgage alleged to Pave been executed by defendants, John and Jennie Smith, on the northwest quarter of the southeast quarter, and the north fifteen acres of the west twenty-five acres of the southwest quarter of the southeast quarter, of section 1, township 75, range 18, Marion county. Appellants deny that the plaintiff ever had a mortgage, on the said northwest quarter of the southeast quarter, and that no such mortgage was of record ; that defendant Be Kock purchased the land claimed to have…
1Opinion of the CourtGiven, J.
1. appeal: notice: service. — I. The notice of appeal was not served upon defendant John Smith, but was served on E. Hays, his guardian ad litem. The appenee contends that under rule 28 and section 2615, Code, the service should have been upon John Smith, and also upon his guardian; and that, as Smith has not appeared nor joined in the appeal, nor been brought into this court by notice, no final decree can be entered, and hence the appeal should be dismissed. Pule 28 requires that service shall be made in matter of appeal in the same manner as provided for service of notice in the district…
2Cases cited8 opinions
- Thomas v. KennedySupreme Court of Iowa · 1868
- Moore v. HeldSupreme Court of Iowa · 1887
- Hunt v. HawleySupreme Court of Iowa · 1886
- Jones v. BamfordSupreme Court of Iowa · 1866
- Disque v. WrightSupreme Court of Iowa · 1878
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3Cited by9 opinions
- Michel v. McKennaWisconsin Supreme Court · 1929
- Cochburn v. Hawkeye Commercial Men's Ass'nSupreme Court of Iowa · 1913
- Landberg v. ThomasSupreme Court of Iowa · 1908
- Kluht v. MitchellSupreme Court of Iowa · 1924
- Matter of Estate of HellerCourt of Appeals of Iowa · 1986
4 more not listed; retrieve them via the Exa API.