The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1870-06-30

10 ENFORCE mortgage OF, or o llcn
upon personal property, or for the
recovery, sale, or partition of such
property, or by q plaintiff having q
future estate or interest therein, fol
the security of his rights, where il
satisfactorily appears BY the petition
verified on oath or by afidavits, OF
the proofs in tho cause, that the
plaintiff has just claim, and that
the property has been or is about to
be sold, concealed, or removed from
the State, or where the plaintiff 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 the State an attachment may be
granted against the property.
Sec. "a. (Sec. 3227.) The attach.
ments in the cases mentioned in this
two last sections, may be granted by
the court in which the action is bro't
or by the judge of any court, upon
such terms and conditions as TO SO.
curity on the part Of the plaintiff, for
the damages which may be occasion
ed by them, and with such directions
as to the disposition to be made of
the property attached as may be just
and proper under the circumstances
Of each case.
Sec. 25. That subdivision one of
section 1892 of Revision of 1860 be
repealed, and thore be enacted in lieu
thereof the following:
l. The money arising from the
sales of attached property.
Sec. 26. (Sec. 3272) Judgments,
bank bills, and other things in action,
may be levied upon and sold, or ap.
propriated as hereinafter provided,
and assignments thereof by the Off.
Ger shall have the same effect as if
made by the defendant, and may be
treated AS so made.
Sec. q. (Sec. 33O5.) If the debtor
is the head Of u family, there is fur
ther exempt, his homestead, as pro,
vided by law; one COW and calf; one
horse, unless q horse has been
exempted for him under the last
section fifty Dheep, and the wool
thereon; five hogs, and all pigs under
six months ; the necessary food for
all animals exempt from execution,
for sixty days /; all fax raised by the
defendant on not exceeding one acre
of ground, and the manufactures
therefrom; one bedstead and the
necessary bedding for every two in
the family; all cloth manufactured
by the defendcnt, not exceeding one
hundred yards i'll quantity house
hold and kitchen furniture, not ex-
ceeding one hundred dollars in value
all spinning wheels and looms, and
other instruments of domestic labor,
kept for actnal uco and the necos-
sary provisions and fuel for the use
of the family for six months. But
no exemptions shall extend to the
property against an execution issued
for the purchase money thereof.
SEC. 2S. (Sec. 330S.) None of the exemp.
tions contained in this chapter are for the
benefit OF single man not the head of q
family, nor Of non-residents, nor of those
heads of families who have started to
leave this State, but their property Is liza
BILE to execution, with the exception, in
the two former cases, Of ordinary wear
ing apparel, and trunks TO contain the
same: and in the latter case of such wear
ing apparel, with such property, in addi-
ton to such wearing apparel, as tn de.
fendant may select, not to exceed seventy
five dollars In value, to be selected by the
debtor, and appraised according 70 the
provisions of Sec. 300; but any person
coming into this State with the intention
of remaining, is q resident within the
meaning of this chapter
SEC. %. (Sec. 3323.) When a Judgment
has been obtained against the executor Of
one deceased, or against the decedent in
his life time, which the personal estate oi
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 IL lien, against the executor, the
heirs and devises of real estate (f such
there be) setting forth the facts, and that
there is real estate Of the deceased within
the State. describingit It's location and extent
and praying the court to award execution
against the same.
SEC. 80. [Sec, 3332.l The defendant may
redeem such properly ut any time within
one year from the day of sale, as herein
after provided, and will in the meantime
be entitled to the possession of the prop
erty. But in no action where the defend
ant has taken an appeal from the circuit
or district court, or stayed execution or
the Judgment shsll be entitled to redeem
SEC. 81. lSec. 35S4.] The court in it,
discretion may grant new trial on tht
application Of party, or those claiming
under him, made at any time within one
year after the determination of the former
trial.
SEC. 80. [Sec, 3102. When person i.
in possession OF real property, or in cast
where no one is in possession, an actor
may be brought by any one claiming title
Ito quiet such title. such claimant mus
file his petition under oath, setting fortl
the nature and extent of his estate, ant
describing the premises as accurately a.
may, aud avering that he is credibly in
formed and believes. that the defendan
makes some claim adverse to the estat,
of the petitioner. and pray ing for the es
tablishment OF the plaintiffs estat
against such adverse claims, and that tn
defendant be debarred and forever estopp
cd from having or claiming any right o
title to the premises, adverse to the plain
| tiff. The notice in such action shall &C
| curately describe the property and II
| general terms the nature and extent o
plaintiffs claim, and shall be PERSONAL,
served on the defendant il he is q residen
| of the State; otherwise such notice ma,
te served by publication as in ordinar.
actions. II defendant mako default tn
| court shall render Judgment in accordanc
with the prayer of the petition. But de
| fendant may plead to such action as In NC
| and the court shall proceed to try and de
termine the same, and render judgmen
accordingly.
SEC. 3s. lSec. s6o3.l II the defendan
| shall appear and disclaim all right an,
title adverse TO the plaintiff, he shall re
| cover his costs. ~
SEC. 81, [sec 4o6s1 Reasonable motto
OF the nome OF witness, and the tim
| and place, whom and where the same ma.
be taken, must be given to the opposit
| party; butif notices are given in the sam
| case by the same party, and Of the takin
of depositions at different places on tn
same day, they shall be invalid and ID
party, shall be required to take deposi
tions on the day Of general election, o
on the fourth day of July.
SEQ. IS. Sections 2742, 2773, and 277
are hereby repealed; provided, that th
| repeal of section 2742, shall not affect tn
rights of parties in actions pending at til
time OF the passage of this act.
SEQ. 36. This act being deemed by til
General Assembly OF immediate impoi
tance, shall take effect and be in fore
from and after its publication in the low
State Register and Des Moines Statesman
newspapers published in nes Moine!
Iowa.
! Approved, April i5. 1870.
! I, Ed. Wright, Secretary Of State, hereb
certify that the foregoing Act was put
lished in the Daily Iowa State Registe
| April 27th, and in the Des Moines Dali