Ohden v. Abels

— The two partition suits, Nos. 14452 and 14454, involved in this appeal are between the same parties, concern the same real estate, and are consolidated for the purpose of this appeal.

In each case a plea in abatement was filed and the issue here is, Which action shall be abated ?

On January 3, 1935, Herman Ohden, plaintiff-appellee in cause No. 14452, filed his petition in partition in the district court of Hamilton county, Iowa, and service of original notice on defendants was completed January 18, 1935.

This petition affecting real estate was indexed by the clerk of the district court in…