Reinsurance Life Co. of America v. Houser

Decedents, husband and wife, died intestate, leaving 160 acres, incumbered by a mortgage of $7,000. The administrator of both estates applied to the proper district court for an order to mortgage the 160 acres for $9,000, for the purpose of paying the existing mortgage and “miscellaneous and personal debts in the sum of $2,000. ’ ’ Service of notice in due form was accepted by the adult defendants, who, in their acceptance of service, consented “that, upon the hearing, the prayer of said application may be granted.” There was one minor heir, upon whom, and upon whose guardian, service was…