158 Iowa 674 | Iowa | 1912
The plaintiff had purchased two lots of True, and afterwards arranged with Horn to pay True $25 on the price, and procure a deed thereof from True, and execute to him a mortgage thereon to secure the remainder of the purchase price. This was done, and, having loaned plaintiff $185 in addition thereto, defendant executed a contract to convey the lots to plaintiff upon the payment of the $185, with interest, in eighteen months, the grantee to assume the mortgage to True. The plaintiff’s wife did not join in these transactions, and in her petition of intervention alleged that the premises were the homestead of herself and family, and prayed that it be protected against the claim of defendant. "Whether it was such, and whether the contract described was forfeited, are the only issues submitted for review.
II. The notice of forfeiture described the contract, and indicated that, if plaintiff should ‘ ‘ fail to fulfill the terms of said contract, the amount of $500, due 2' ekty: contract: Charles Horn, and costs of serving of this nofeiture: suf- tice, the said Charles Horn will declare a for-
flciency.
feiture of said contract as provided by law. ’ ’ Counsel for appellant argue that this exacted payment of the $500 to Horn. Not so, for it merely called upon the vendee to fulfill the terms of the contract, which were that he pay the $185, with interest, and assume the payment of the $275 to True. It is said that the notice of forfeiture merely threatens to declare a forfeiture, but none is shown to have been declared. All the statute requires is that the notice “shall contain a declaration of an intention to forfeit said contract, and the reason therefor.” Defendant’s cross-petition for cancellation was sufficient declaration of forfeiture.
The decree quieting title in defendant is Affirmed.