Cornell v. Wunschel

MeGIVERIN, Justice.

This interlocutory appeal presents an issue of first impression: whether prior to the commencement of litigation the parties to an action affecting title to real estate may validly contract to place venue in a county other than the county where the real estate is located. We conclude they may not, and that Iowa Code section 616.1 (1981) mandates that the action be brought in the county where the real estate is located.

During the fall of 1980, plaintiff Zelda A. Cornell, and her husband, as tenants, and defendant Lois A. Wunschel, as landlord, entered into a written…