126 Iowa 219 | Iowa | 1904
that their interests are identical with the interest of the plaintiff. His success depends upon a finding that the land belongs to his father’s estate, and when it is determined that it does all of the other heirs are benefited thereby. The determination of the plaintiff’s rights upon this appeal cannot, therefore, prejudicially affect the rights of the eodefendants of Samuel E. Ewart, and we think they are not necessary parties to the appeal. Section 4111 of the Code provides for service of notice of appeal upon coparties, but such notice is evidently not necessary unless the rights of such parties may be prejudicially affected by the appeal. Hunt v. Hawley, 70 Iowa, 183; Bowman v. Besley, 122 Iowa, 42. The motion to dismiss is therefore overruled.
The judgment is therefore affirmed.