Tunis v. Withrow
Supreme Court of Iowa
Appeal from Iowa District Court. This was a proceeding to foreclose the defendant’s equity of redemption in a certain tract of land, wbicb bad been sold by the treasurer of Iowa county, to petitioner, at a tax sale for delinquent taxes for the year 1857. Service of tbe original notice was made by publication, and a decree entered by default against defendant. Defendant appeals.
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Appeal from Iowa District Court. This was a proceeding to foreclose the defendant’s equity of redemption in a certain tract of land, wbicb bad been sold by the treasurer of Iowa county, to petitioner, at a tax sale for delinquent taxes for the year 1857. Service of tbe original notice was made by publication, and a decree entered by default against defendant. Defendant appeals. I.The clerk has no power to order the publication of notice ; that order should be made by the county judge. Session Laws 1857, section 1, sub-division 6, chapter 240. TT, Publication of notice upon an order regularly…
1Opinion of the CourtBaldwiN, J.
There are various errors assigned by appellant, all of which are resolved into and may be determined by the one question, whether the service of the original notice was so made as to give the court jurisdiction to render judgment by default against defendants.
The service of the original notice was made by publication, and appellant insists that there was no proof before the District Court that such publication Avas ever made; that there was no proof filed, or made before the court, showing that a copy of the petition and notice was sent by mail to defendant; and that there was no diligence…
2Cited by19 opinions
- Miller v. Palo Alto Board of SupervisorsSupreme Court of Iowa · 1957
- Stephens v. WilliamsSupreme Court of Iowa · 1877
- Rafferty v. DavisOregon Supreme Court · 1909
- Lyon v. VanattaSupreme Court of Iowa · 1872
- Priestman v. PriestmanSupreme Court of Iowa · 1896
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