HABTINGEB v. Fmzmuc. 15
In Lejingwell v. Wrnwen, 2 Black, 603, the supreme court says:
"The construction given to a statute of a state by the highest judicial tri-
bunal of such state is regarded as a part of the statute, and is as bindingupon
the courts of the United States as the text." »
There is no ambiguity in the opinion of the supreme court, (Citizens'
Bank v. Knapp,) nor has it been at all qualihed by any subsequent de-
cision of that tribunal. The question submitted is not one of those
where the federal courts may act independently of the judicial con-
struction of the highest tribunal of a state. The reported case is even
stronger than this, for the severance of the property from the planta-
tion was effected even after the institution of the suit to foreclose.
The knowledge there was certainly as clear as here. This case is,
therefore, paramount with this court, and leaves no latitude, except
to ascertain carefully what the views of the court, as expressed, are.
These close the case against the plaintiff and require a judgment in
favor of the intervenors, with a reservation to the plaintiff to sue for
all damages if the property mortgaged shall not or has not realized
a suflicient amount to pay the mortgage. Let there be judgment ac-
cordingly.
Hanrmenn and others v. Fsmunu and others} .
(0'n·cuz`t Uourt, N. D. Iowa, E. D. June 9, 1885.)
Pluuwr mn Cmr.n—1m=rnu1rAncn nv Irriserrrnun Cmr.n——Pnoor or- Puan-
Nirr AND R.ECOGNlTI()N—CODE lows, § 2466. ,
To enable an illegitimate child to inherit, under section 2466 of the Iowa Code,
it must appear that the recognition or proof of paternity relied upon, occurred
after the passagaof the act by the legislature.
At Law. Demurrer to petition filed by J ustina Kahl, intervenor.
Longucville at Lenchan, for plaintiffs ,
Utt Bros., for intervenor.
SHIRAS, J. In January, 1881, one Joseph Koetzl died intestate at
Dubuque, Iowa. The defendant Peter Ferring was appointed ad-
ministrator of the estate by the circuit court of Dubuque county.
After the payment of all claims against the estate, there was left in
the hands of the administrator the sum of $3,,765, which he was or-
dered by the circuit court to pay over to the heirs of the decedent.
The plaintiffs herein brought this action against the administrator,
for the purpose of establishing their right to the fund as next of kin
and heirs at law of Joseph Koetzl. The intervenor, Justina Kahl,
with leave of the court, iiled a petition of intervention, wherein she
asserts that she is the illegitimate daughter of Koetzl; that she was
born in the kingdom of Bavaria on the eleventh of April, 1834, and has
llleportcd by Robertson Howard, Esq., of the St. Paul bar.