Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1870-07-14

the tendency OF the action, ana ucScIlp-
ton of the property III that county affect
ed thereby, and from the time OF sticn
fling only, shall the tendency Of tho ac-
ton be constructive notice to subsequent
ycndces or membranes thereof, who
shall be bound by all proceedings taken
after tho filing of such notice to the same
extent as if y party to the action, and the
clerk ofsuch county must immedlatesy
on receipt of such notice index and rec
ord the same in the incumbrance 6ook.
And within two months after the deter
mination of such action there shall be
| filed with such clerk certified copy OF
the final order, Judgment or decree, VINO
shall enter and index the same in the
Same manner as though rendered in that
county, or such notice Of tendency shall
| cease to be constructive notice.
| Sec. IL. The appearance term shall not
be the trial term for equitable actions
triable by the first method, except in ca
SEES in which notice has been served sixty
| DAYS before such term, and in which also
the answer shall be merely denial, and
| the proof documentary.
| Sec. Is. 1.-THE pleading be founded on
q written instrument, for the payment OF
money only, and such instrument be IN
| the possession of the agent or attorney,
the affidavit may be made by such ascn,
or attorney, SO far as relates TO the state
ment of the cause of action thereon; bat
when relief is asked other than money
| Judgment or decree of foreclosure, the
affidavit must contain averments show
ing competency, as hereinafter provided.
| Sec. 10. All exhibits referred to IN tho
pleadings, the original of which are at
| tached thereto, or are filed with the
pleadings, may be introduced as evidence
| on the trial Of equitable causes by the
first method, without proof MS to their
lgenuineness, unless the same have been
positively denied under oath.
See. 20. Except where otherwise pro-
vided, causes including those brought To
fOreclose mortgages, and TO enforce VEN
doris liens, shall be tried ut the first term
after due, legal, and timely service has
been made, unless reasonable causes Tor
u continuance be shown.
See. q. Whenever 1t appears by the
affidavit of the plaintiff, or by the return
of the writ of attachment, that no prop
erty is known to the plaintiff or the oti-
Ger, on which the order of attachment
can be executed, or not enough to satisfy
the plaintiffs claim, and it being shown
TO the Judge OF any court, by affidavit,
that the dofendent has property within
tho State, not exempt from writ, the de-
fendcnt may be required by such judge
To attend before him, or before the court
in which tho action is pending, and give
information on Oath respecting his prop
orty.
Sec. q. When the sheriff thinks tho
property attached in danger OF scrsoNS
and immediate Waste and decay, or when
the keeping ofthe same will necessarily
be attended with such expense us greatly
to Goprecia:e the amount OF proceeds To
DO realized thcrefrom, or when tho
plaintiff makes affidavit to that effect, tho
sheriff may summon three persons hay
ing the qualifications of jurors, TO exam
, inc the same. The sheriff shall give tho
defcndent, If within the county, two
, clear days notice of such hearing, and
he may appear before such jury and have
: Il personal hearing. II they are of ;he
opinion that the property requires COON
, to bc disposed of, they shall specify IN
writing day beyond which they do not
deem il prudent that il should be KEEP. in
the hands of the sheriff. If such day oc~
cur before the trial day, he shall there
. upon give the same notice as for goods ~
, execution, and for the same length %
! time, unless tho condition ofthe property
/, renders a more immediate sale necessary.
The sale shall be made accordingly. II
! the dciendent gives his written consent,
such sale may be made without such
, finding of three men.
Sec. 90. In an action To enforcoa mort
gage OF, or a lien upon personal property;
or for the recovery, sale, or PARTITION 81
I, such property, or by plaintiff having D
future estate or interest therein, for Tho
security Of his rights, where 1t satisfacto-
rily appears by the petition, verified on
oath or by aiiidavits, or the proofs in the
cause, that the plaintiff has u just claim,
and that the property has been or is about
to be sold, concealed, or removed nom
the State, or where the plaintiff states OH
oath that he has reasonable cause TO be-
, lieve, and does believe, unless prevented
. by the court, the property will be sold,
concealed, or removed from the State an
attachment may be granted against tao
property.
r See. "A. The attachments in the cascs
2 mentioned ia tho two last sections, Gtay
! be granted by the court in which the &C.
ton is brought, or by tho judge OF any
q court, upon such terms and conditions AS
Q TO security on tho part Of the piaintltf, for
1 the damages which may be occasioncd by
{ them, and with such directions as TO tho
] disposition to be made Of the property 1T
u tachcd as may bc just and proper, Under
: the circumstances Of each case.
o s5ec -. That subdivision ono Of s.sc-
O ton 1892 Of Revision OF 1860 be repca Ad ,
and there be enacted in lieu thereof tho
Y following:
i !. The money arising from the sales 81
attached property.
@ Sec. 20. Judgments, bankbil!s, and
other things ia action, may be levied
- t.Ipii s''itt, "a hDtANi''tNs'"' 80 .'~'"
: matter provided, and assignments thore-
: OF by tie officer shall have tho same effect
@ "a made by the defendant, and MAJ 10
treated as 80 made.
: Sec. 81. II tho debtor Is the head a u
: family, there IL further exempt, i.is
y homestead, ~ provided by law ono COW
o and calf; ono horse, unless " horse nas
y been exempted for him under tho iast
o section fifty sheep, and tho wool 'hrre-
i on; five hogs, and all pigs under six
n months; the necessary food for all All
u rails exempt from execution, for s'1ty
n days; ali ilas raised by the eefendans ~,
o not exceeding enc acre Of ground, aild
u tho manufactures therefrom; ono bed
: stead and the necessary bedding s0r
4 every two'in the family; I'll cloth n,a-iu-
i fncturcd by the tefendent, not exceed .Tstt
{ one hundred yards in quantity; horse
|. hold and kitchen furniture, not exct e'!-
o ing ono hundred dollars in value al
!. spinning wheels and looms, and otaoi
,r instruments OF domestic labor, kept e.,
% actual use; and the necessary provisions
J. and fuel for the use of tho family for sir
IT months. But no exemptions snail ~
2. tend to property against an execution Z