The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1870-07-01
WHOLE NO. $50

al hearing. II they are Of tn,
opinion that the property requires
soon to be disposed Of, they shal
specify in writing a day beyont
which they do not deem it prudent
that it should be kept in the hands
Of the sheriff. II such day occur
before the trial day, he shall there
upon give the same notice rs fol
goods in execution, and for the
same length Of time, unless the
condition OF the property renders q
more immediate sale necessary
The sale shall be made according
ly. If the defendent gives his
written consent, such sale may be
made without such finding Of three
men.
Sec. %. (Sec. s225.) In an ac'
tiOn to enforce a mortgage of, or q
lien upon personal property, or fol
the recovery, sale, or partition ol
such property, or by plaintiff
having a future estate or interest
therein, for the security of his rights
where it satisfactorily appears by
the petition, verified ON oath or by
a&dayits, or the proofs in the cause.
that the plaintiff has . just claim
and that the property has been OF
lis about to be sold, concealed, OF
removed from the State, or where
the plaintig states on oath that he
has reasonable cause to believe, and
does believe, unless prevented BY
the court, the property will be sold,
concealed, or removed from tho
state an attachment may be grant.
ed against the property.
Sec. "a. (Sec. 3227.) The at
tachments in the cases mentioned in
the two last sections may be granted
by the court in which the action is
brought, or by the judge OF any
court, upon such termsand condi.
tions as to security on the part OF
the plaintiff, for the damages which
may be oceasioned by them. and
with such directions IS to the dis.
position to be made Of the property
attached as may be just and proper,
under the circumstances Of eacl,
case. @#s@ #4| @s Z.
Sec. 25. That subdivision one
section 1892 of Revision of 1850 be
repealed, and there be enacted in
lieu thereof the following:
I. The money arising from the
sales Of attached property.
Sec. 26. (Sec. 1912. Judgments
bank bills, and other things in ac-
ton, may be levied upon and sold,
or appropriated as hereinafter pro-
vided, and assignments thereof by
the officer shall have the same
effect as if made by the defendan.
and may be treated as SO made.
Sec. q. (Sec. 3s05.) Ifthe debt
or is the head Of a family, there is
further exempt, his homestead, as
provided by law !; one COW and calf;
one horse, unless a horse has been
exempted for him under the last
sect1on; fifty sheep, aud the wool
thereon five hogs, and all pigs un.
der six months the necessary food
for all animals exempt from execu-
tion, for sixty days; all flax raised
by the defendant Oh not exceeding
one acre Of ground, and the manu-
features therefrom one bedstead
and the necessary bedding for every
two in the family; all cloth manu-.
factured by the defendent, not
exceeding one hundred yards in
quantity; household and kitchen
furniture, not exceeding one hun
dred dollars in value; all spinning
wheels and looms, and other instru-
ments of domestic labor, kept for
actual use aud the necessary pro-
visions and fuel for the use of the
family for six months. But no
exemptions shall extend to property
against an execution issued for the
purchase money thereof.
Sec. 2s. (Sec. 3sOs.) None OF
the exemptions contained in this
chapter are for the benefit of q
single man nor the head Of q family,
nor Of non-residents, not Of those
heads of families who have strarted
to leave this State, but their prop
erty is liable to execution, with the
exception, in the two former cases,
Of ordinary wearing apparel, and
trunks to contain the same: and in
the latter case of such wearing ap-
parel, with such property, in addi-
ton to such wearing apparel, as the
defendant may select, not to exceed
sevenly-five dollars in value, to be
selected by the debtor, and apprais.
ed according to the provisions OF
Sec. 1920; but any person coming
into this State with the intention
of remaining, is . resident within
the meaning Of this chapter.
|. Sec. 20. (Sec. s323.) When q
Judgment has been obtained against
the executor OF one deceased, OF
against the descedent in his lifetime
which the personal estate Of tbs
deceased is insufficient to satisfy,
the plaintiff may 6le his petition in
the office ofthe clerk Of the Court
where the judgment is a lien
against the executor, the heirs and
devisees ofreal estate ifsnch there
be) setting forth the facts, and tina,
there is real estate for the deceased
within the State, describing it,
location and extent, and praying
the courts to award execution