39 Iowa 539 | Iowa | 1874
Second, the plaintiff' introduced, as a witness, the attorney who brought this suit, and he testified that before bringing this action he examined carefully in the clerk’s office, and found the papers in the foreclosure suit, and there was no notice with said papers, except, one, that he could find, and that was by publication, and was the same as the caption of the decree as shown in this case. This, without more, it seems to us, is not sufficient to overturn the presumptions in favor of the decree.
The decree being valid vests the title in the defendant, and renders the determination of the question of possession unnecessary. ■
Affirmed.