Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1870-07-21
LAWS OF IOWA.
CHAPTER 167.
((hnn/,,fJp1
PuBL,sHHD ny AUTHORITY.


Sec. %. When n Judgment has beer
obtained against the executor Of one de
ceased, or against the decedent i'll hi.
lifetime, which the personal estate of the
deceased Is insufficient to satisfy, the
plaintiff may file his petition in the office
Of the clerk of the court where the judg.
ment is lien, against the executor, the
heirs and devisees Of real estate tif such
there be- setting forth the facts, and thai
the State, describing it's location and ex-
tcut, aud praying the court to award exc.
cution against the same.
See. 10. The defendant may redeem
such property at any time within one
wear from the day Of sale, rs hereinafter
provided, and will in the meantime be
entitled to the possession of the property.
But In no action where the defendent has
taken an appeal from the circuit or dis
trict court, or stayed execution on the
judgment shall he he entitled to redeem.
See. 81. The court in its discretion may
grant new trial on the application OF a
party, or those claiming under him, made
at any time within one year after the de-
termination of the former trial.
See. 81. When person is in possess
ion Of real property, or in case where one
il in possession, an action may be brought
by any one claiming title-to quiet such
title. Such claimant must file his petit
ton under oath, setting forth the nature
and extent of his estate. and describing
the premises AZ accurately as may be,
and averring that he is credibly informed
and believes that the defendent makes
some claim adverse to the estate OF the
petitioner, and PRAYING for the establish
inent OF the plaintiffs estate against such
adverse claims, and that the defendent
he barred and forever estopped from
having or claiming any right or title to
the premises, adverse to the plaintiff
The notici in such action shall accuratel Y
describe the property and in general
terms the nature and extent Of plaintiff $
claim, aud shall be personally served on
the defendant if he is resident of the
State: otherwise such Il nstice may he
served by publication as in ordinary ac-
tons. II defendant make default the
court shall render Judgment in accordance
with the prayer of the petition. But de-
PENDENT may plead to such action rs III
actious commenced in ordinary proceed
ing, and the court shall proceed to try
and determine the same, and render
Judgment accordingly.
See. 81. If the defendent shall appear
and disclaim all right and title adverse
to the plaintiff, he shall recover his costs
Sec. "a. Reasonable notice of the name
of a witness, and the time and place.
when and where the same will he taken,
must be given to the opposite party; but
if notices are given in the same case by
the same party. and Of the taking of dep
ositions ut different places upon the same
day, they shall be invalid and no party.
shall be required to take dispositions. on
the day of general election, or on the
Sec. 35. Sections 2742, 2773. and 2775
are hereby repealed prOcided, that the
repeal of section 27+2, shall not affect the
rights of parties in actions pending ut the
time of the passage Of this act.
See. SO. This act ..being:deemed Of i'm
mediate importance shall be in force and
take effect from and after its publication
in the Iopo State Register and Des MONIES
statesman, newspapers published at Des
Moines. Iowa.
Approved April 10th, 1870.
1 hereby certify that the foregoing act
was published in the IOWd jToHe Register
April q, and in the EDes .Moincs Mates
man April 2sth, 1870.
Ed WRIGHT,
Secretary of State.