Byington v. Crosthwait
Supreme Court of Iowa
Appeal from the Johnson District Court, IN October, 1854, Byington filed his petition in the District Court against Pritchett and Crosthwait, to foreclose' their equity of redemption to a certain parcel of real estate, purchased by him at a fax sale made in April, 1854, for the delinquent taxes of the year 1858. On the 8th of November, 1854, a notice issued to the defendants in proper form, was returned by the sheriff, with a return that defendants were not found within his…
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Appeal from the Johnson District Court, IN October, 1854, Byington filed his petition in the District Court against Pritchett and Crosthwait, to foreclose' their equity of redemption to a certain parcel of real estate, purchased by him at a fax sale made in April, 1854, for the delinquent taxes of the year 1858. On the 8th of November, 1854, a notice issued to the defendants in proper form, was returned by the sheriff, with a return that defendants were not found within his county. On the same day, whether by order of the court or the clerk, does not clearly appear, it was ordered that…
1Opinion of the CourtWeight, C. J.
This judgment must be reversed. These proceedings were commenced against the owners of the land. By the law, the notice in such cases has to be the same as in cases to foreclose a mortgage, and where the owner is not known, the action may be brought against the land itself; and in such case, the service must be as in the case of a non-resident. Sections 506 and 507. By section 2083, the holder of a mortgage may proceed by civil action in the District Court, to foreclose the same. Section 1826, regulating defaults in civil actions, provides “ that when service has been made by publication…
2Cited by5 opinions
- Belknap v. BelknapSupreme Court of Iowa · 1912
- McGahen v. CarrSupreme Court of Iowa · 1858
- Abell v. CrossSupreme Court of Iowa · 1864
- Carr v. KoppSupreme Court of Iowa · 1856
- Wheeler v. EdingerSupreme Court of Iowa · 1860