Rippe v. Weiters

The opinion of the court was delivered by

West, J.:

Certain lands were partitioned and sold, the plaintiff being the purchaser and receiving a deed. During the pendency of the partition suit a claim was filed in probate court against the estate of the deceased owner of the land. The claim was allowed prior to the sale in partition. The claimant was the wife of one of the defendants in the partition suit, and her attorney appeared therein in district court as attorney for her husband. It was alleged that she had full actual notice *739and knowledge of the pendency of the partition suit but permitted…