59 Iowa 570 | Iowa | 1882
Tbe defendant Parish alone answered tbe petition, and denied tbe corner was destroyed or lost. The court appointed
It is stated in the petition that certain persons named as defendants are the “only” persons that would be affected by tiie proceedings. There is no evidence other than this statement in the petition tending to show the interest of said persons, or that they were necessary parties. We do not think the statement aforesaid is sufficient evidence of the alleged fact. The case comes within the reason of the rule established in the case just cited. The court, it must be conceded in the state of the record, had jurisdiction, and the power to appoint a commissioner as between the plaintiff and defendant Parrish, unless it appeared there were other persons who were necessary parties.
Affirmed.