48 Iowa 639 | Iowa | 1878
The evidence that James Marlow was merely surety may be found in the testimony of William Marlow. He says that the note was given in part payment for the' homestead of intestate. Being given for the intestate’s benefit, the fair inference is that the intestate was principal and James Marlow was surety.
The evidence of payment may be found in the testimony of James Marlow. He says: “I paid the face of the note at. bank. ” This was not a transaction between him and decedent..
Notice was first published September 27, 1866. The claim was filed and admitted April 11, 1867, a little more than six months after first publication. The contestant claims that, the six months within which claims of the third class can be filed commences to run from the first publication. But whether the claim belongs to the third or fourth class is not a question which concerns the heirs, and it is only as heir that the contestant is interested in the estate.
Affirmed.