The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1870-09-08

nl splNutHg WI us anu looiHS, anu oaAS
instruments Of domestic labor, kept fol
actual use; and the necessary provisioni
and fuel for the use of the family for Sir
months. But no exemptions shall ex'
tend TO property against an execution
issued for the purchase money thereof
- Z. p. "a $685. None of the exemp-
ticns contained IN this chapter are foI
/. the benefit Of a single man not the head
Of family, nor Of non-residenta, nor oJ
! those heads OF families who have started
to leave this State, but their property is
, liable to execution, with the exception,
to the two former cases, Of ordinary
wearing apparel, aud trunks to contain
r the same: and IN the latter case of such
/ wearing apparel, with such propertyin
, addition to such wearing apparel "a the
defendant may select, not to exceed
. seventy We dollars In value, to bc seec-
: ted by the debtor, aud appraised accor-
ding to the provisions of see. 322o; but
any person coming into this State with
the intention of remaining, is rcsiden,
Gaming his chapter.
Sec. ~ (s33aa.) When a Judgement
has been obtained against the executor
of one deceased, or dyuiast the dccedent
IN his lifetime, which the personal estate
is insufficient to satisfy, the plaintiff
may file his petition In the Office of tho
clerk OF the court where the judgement
Is n lieu against the executor the heirs
and devisees Of real estate III such there
be- setting forth tito facts, and that there
is real estate OF the deceased within the
State, describing its location and extent,
and praying the court to award exccut!-
on aginst the same.
4 80. (SS32.) The defendant may re-
deem such property ut any time within
one year from the day ofsale, as herein
after provided, aud will in the meantime
be entitled to the possession Of the prop
erty. But in no action where the icfen-
dant has taken an appeal from the cir
cult or district court, or stayed execution
on the Judgement shall he be entitled 10
redeem,
S3l. l35SN The court in its discretion
may grant n new trial on the application
Of II party, or those claiming under him
made mt any time within one year after
the determination OF the former trial.
s32. a 36o2 When person is in
possession of real property, or In case
where no one Is In possession, an action
may be brought 10y any one claiming
title-to quiet such title. Such claimant
must file his petition Under oath, sett-
ing forth the nature and extent Of his
estate, and describing the premises as
accurately rs may be, and averring that
he Is credibly informed aud believes
that the defendant makes some claim
adverse to the estate ofthe pctioner, and
praying for the establishment or the
plaintiffs estate hgainst such adverse
claims, and that the defendant be bar
red and forever cstopped from having
or claiming any right ortitie to tho
premises, adverse to the plaintiff. The
notice in such action shall accurately
describe the property and in general
forms tn" nature and avtant Of pl".i
tiff's claim, and shall be personally SER
we'd on the defendant ifhe IL resident
of the State; otherwise such notice
may be served by publication as in
orqinary actions.i II defendant make
default the court shall render judgement
in accordance with the prayer Of the
petition. But defendant may plead to
such action rs in actions commenced in
ordinary proceeding, aud the court
shall proceed to try and determine the
same, and render judgement according
ly.
T.. 33. "a. 3603) II the defendant shall
appear and disclaim all right and title
adverse to the plaintiff, he shall recover
his costs.
S34 (sl0]6.) Reasonable notice OF tho
name ofa witness, and the time and
place, when and where the same will
be taken, must be given to the opposite
party; but If notices are given in the
case by the same party, and of the ta-
king of depositions ut different places
upon the same day, they shall be inval
id and no party. shall be required to
take dispositions Oh the day Of general
election, or on the fourth day of July.
| S35. Sections 27i2, 2773, and 2715 are
hereby repealed; prouhled, that the re-
| peal of section 2142, shall not affect the
rights of parties in actions pending at
the time of the passage of this act
s6 This Act being deemed of i'm
mediate importance shall be in force
from and after its publication in the
Ioarn state Register and Dcs Noiaes
Ndf.Sn'nn newspapers published
in Des Moines, Iowa.
Approved April is, 1870. .@
Ed Wright, Secretary of State
hereby certify that the foregoing Act
was published in the Daily Iovd Statc
Register April 18th, and the Dcs
Noines Daily Statesman April Goth, 1870
ED WRIGHT See Of State.