Lutz v. Kelly
Supreme Court of Iowa
Appeal from, GTnrlce Circuit Cou/rt.- In 1859 Kelly & Harding commenced an action against Joseph and Jane A. Harper for the recovery of $1,900 due on a promissory note and the foreclosure of a mortgage executed to secure it. Joseph and Jane Harper resided in Plattsmouth, Nebraska. On the 28th day of February, 1859, they were personally served with notice by the sheriff of Cass county, Nebraska.
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Appeal from, GTnrlce Circuit Cou/rt.- In 1859 Kelly & Harding commenced an action against Joseph and Jane A. Harper for the recovery of $1,900 due on a promissory note and the foreclosure of a mortgage executed to secure it. Joseph and Jane Harper resided in Plattsmouth, Nebraska. On the 28th day of February, 1859, they were personally served with notice by the sheriff of Cass county, Nebraska. Afterwards an affidavit of non-residence was filed, and they were served with notice by publication. On the 22d day of October, 1859, judgment was rendered as follows: ("Kelly & Harding v. Joseph…
1Opinion of the Court
Day, Ch. J.
I. The statute of limitations does not bar plaintiff’s action; The sheriff’s deed was executed on the 13th day of February, 1861. Within ten years from that time, on the 26th day of December, 1870, this action was commenced by placing the original notice in the hands of the sheriff for service. Code, § 2532. Besides, the evidence showed that, since the execution of the sheriff’s deed, the defendants have never been residents of Iowa. The statute of limitations does not run in their favor. Heaton v. Fryberger, 38 Iowa, 185.
i. juRTSDicresident?11' ment.nal^uds II. If we eliminate…
2Cases cited3 opinions
- Darrance v. PrestonSupreme Court of Iowa · 1865
- Heaton v. FrybergerSupreme Court of Iowa · 1874
- Weil v. LowenthalSupreme Court of Iowa · 1860
3Cited by13 opinions
- Raher v. RaherSupreme Court of Iowa · 1911
- Gary v. Northwestern Mutual Aid Ass'nSupreme Court of Iowa · 1893
- Utah Liquor Control Commission v. WoorasUtah Supreme Court · 1939
- Cassidy v. WoodwardSupreme Court of Iowa · 1889
- Fisher & Van Gilder v. First Trust Joint Stock Land BankSupreme Court of Iowa · 1930
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