100 Iowa 362 | Iowa | 1896
“ within twenty days after the day is fixed by the auditor, as above provided, a notice shall be served on each owner or occupier of land lying in the proposed highway, or abutting thereon, as shown by the transfer books in the auditor’s office, who resides in the county, * * * and such notice shall be published for four weeks in some newspaper printed in the county.” The statute requires the notice to be personally served upon the owner, as shown by the transfer book, when he resides in the county; if he be a non-resident, upon the occupier of the land, if there be one residing within the county. Alcott v. Acheson, 49 Iowa, 570. The petition demurred to does not show that plaintiffs’ ownership appeared upon the transfer book, nor that they resided in Keokuk county. Nor is it alleged that there was any occupier of the land they claim to own, or if there was such occupier, that he was a resident of this state. Hence, no personal notice was necessary as to plaintiffs, or as to the occupier of their land, if there was one. The same is true as to the claimed owners or occupiers of other lands abutting upon the highway. Their ownership is not shown to appear upon the transfer books, nor is it made to appear that they resided within the county. And as to the occupant of said land, if any, it is not averred that he resided within the county or state. State v. Chicago, Burlington & Quincy Railway Co., 68 Iowa, 135 (26 N. W. Rep. 37). The published notice was in proper form, except it did not contain the names of the owners of the land. As, however, it is not shown that any of the names of