Coe v. Anderson
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. J. C. Anderson made to plaintiff his two promissory notes, due at different dates and for different amounts, secured by mortgage on real estate. J. C. Anderson deceased, and the defendants are his widow and children, heirs at law. It does not appear that administration has been granted upon the estate. This action is in equity to foreclose the mortgage, and no personal judgment is asked.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. J. C. Anderson made to plaintiff his two promissory notes, due at different dates and for different amounts, secured by mortgage on real estate. J. C. Anderson deceased, and the defendants are his widow and children, heirs at law. It does not appear that administration has been granted upon the estate. This action is in equity to foreclose the mortgage, and no personal judgment is asked. The answer of the adult defendants denies information and belief as to the making and delivery of the notes and mortgage, and avers that, if such…
1Opinion of the CourtGbangeb, C. J.
1 I. Appellants insist that the suit can not be maintained, because of a defect of parties defendant, an administrator of the estate of J. O. Anderson being a necessary party. We need not determine the question, for the reason that it was not presented in time. The objection goes to a defect of parties defendant, the defect being of nonjoinder. We do not discover that the objection was made until in this court, and then only in argument. The question is not a jurisdictional one, and under the rule cited in Bouton v. Orr, 51 Iowa, 473, 1 N. W. Rep. 704, such a defect is waived unless assailed…
2Cases cited2 opinions
- Bouton v. OrrSupreme Court of Iowa · 1879
- Parshall v. MoodySupreme Court of Iowa · 1868
3Cited by9 opinions
- Tod v. CrismanSupreme Court of Iowa · 1904
- Gunnar v. Town of MontezumaSupreme Court of Iowa · 1940
- Fulliam v. DrakeSupreme Court of Iowa · 1898
- Phinney v. MontgomerySupreme Court of Iowa · 1934
- Zion Church of the Evangelical Ass'n of North America v. ParkerSupreme Court of Iowa · 1901
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