128 Iowa 127 | Iowa | 1905
In July, 1902, the defendants, W. H. Williamson and W. C. McCrea, claiming to be the owners of.the. real estate in question — being a tract of 239 acres in Adair county — contracted in writing for a sale thereof to plaintiff. The provisions of the contract material to the present controversy are, in substance, that plaintiff should pay to defendants the sum of $14,110, as follows: $250 at the time of contract; $500 August 15, 1902; and $13,420 March 1, 1903, “ when warranty deed is delivered and possession is given of the above premises. Payable at the First National Bank, Greenfield, Iowa, with interest from maturity, at eight per cent, per annum.” Further, that, upon payment of such sums of money at the times mentioned, defend
The requirements of the statute having been met, the court may assume jurisdiction to proceed to a decree, and such decree will be final unless set aside on proper showing made by a defendant within the period prescribed by law. We do not understand that the court- must exact proof .of nonresidence before it can proceed to a hearing. The affidavit and the published notice, being made a part of the record in the case, are all that is essential to authorize it to hear and determine. ■ Nor do, we see how the efficiency of a decree as in the instant case can be successfully attacked simply because therein the character of the service, and the facts incident to or involved therein, are not recited. If, in
The considerations- above expressed lead to the conclusion that the decree in the instant case was right, and it is therefore affirmed.