68 Iowa 135 | Iowa | 1885
The highway in question in this case was established after tbe defendant had constructed its road, and the only question to be .determined is whether the highway
The defendant owned its right of way, but it does not appear that its ownership is shown by or can be ascertained from the transfer-books in the auditor’s office. Therefore the defendant, as owner, was not entitled to any other notice than was given. This was held in Wilson v. Hathaway, 42 Iowa, 173, as to a resident owner of an equitable title which was not shown by the transfer-books.
It is, however, said that the defendant is in possession of its right of way, and is therefore an “occupier,” as contemplated by the statute, and as such entitled to notice. In Alcott v. Acheson, 49 Iowra, 569, it was held that a tenant, holding under a lease, who cultivated the land, and -who did not reside thereon, but did reside in the county, wras entitled to notice, because he was an “occupier.” If, however, the tenant in that case had been a non-resident of the state, service of notice on him other than by publication would not have been required. It is only persons who are residents of the county who are entitled to notice. Is the defendant a resident of this state? We think not. It is a foreign corporation, and must be, in the absence of an obligatory statute providing otherwise, a resident of the state under the laws of which it
Affirmed.