CH. 223] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 223. ISSUANCE OF PATENT TO JOSEPH TUCKER. H. F. 321. AN ACT to authorize the governor of the state to execute to Joseph Tucker, a patent, conveying to him the south-west quarer (S. W. 1-4) of the south-east quarter (S. E. 1-4) of section five (5), township eighty-seven (87) north, range one (1), west of the 5th P. M. in Dubuque county, Iowa. Whereas, on the 1st day of February, 1858, Mordecai. Mobley and Martha Mobley, his wife, executed and delivered to Amos Matthews, school fund commissioner, a mortgage on the south-west quarter (s. w. 1-4) of the southeast quarter (s. e. 1-4) of section 5, township 87, north, range one (1), west of the 5th p. m. and other property, all in Dubuque county, Iowa, to secure the payment of the promissory note of the said mortgagors in the sum of $500.00 which mortgage was filed for record February 3rd, 1858, and recorded in book 10 M., page 300 of mortgage records of Dubuque county, Iowa; and Whereas, in an action in the district court of the state of Iowa, in and for Dubuque county, by the state of Iowa for the use and benefit of the school fund of the state against said Mordecai Mobley and said Martha Mobley and others, judgment was rendered on said note against said Mobleys on December 20th, 1862, for the sum of $718.48, and a decree of foreclosure entered as against all said defendants on said mortgage and note, on which execution was issued March 10th, 1863, and said real estate sold thereon by the sheriff of said county to the state of Iowa, for the use and benefit of the school fund on the 17th day of April, 1863, and a sheriff's deed issued and delivered by said sheriff to said state of Iowa, which deed was filed for record October 1st, 1863, and recorded in book "Y", page 297, of Dubuque county records, the consideration of said deed being the sum of eighty dollars ($80.00) and Whereas, the records of Dubuque county, Iowa, to-wit, the school fund ledger in the auditor's office of said county, under the heading of "school fund notes in judgment" shows that said judgment was settled with the state auditor of Iowa, under the provisions of section 1, chapter 86, of the laws of 1872; and Whereas, under chapter 148, laws of 1862, the clerk of the board of supervisors entered into an agreement with James Stokes for the purchase of said land and was authorized to sell the same to said James Stokes, and Whereas, no patent or conveyance of said lands was ever issued by the state of Iowa, and said property has been continuously listed for taxation and was sold for taxes by V. J. Williams, treasurer of Dubuque county, Iowa, to one G. Salot, who afterward conveyed to James Stokes and has been continuously occupied by said James Stokes and his grantees including the said Joseph Tucker since 1876 in good faith and valuable improvements having been made thereon under the belief that a patent had been issued therefor and that said tax title was valid, now, therefore. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Patent-pending litigation. That upon the payment of eighty dollars ($80.00) by the said Joseph Tucker to the secretary of state of the state of Iowa, for the use and benefit of the school fund as by law provided, the governor of the state of Iowa be and he is hereby empowered and authorized to execute a patent to the said Joseph Tucker conveying to him the right, title and interest of the state of Iowa in and to the south-west quarter (s. w. 1-4) of the south-east quarter (s. e. 1-4) of section five (5), township eighty LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [OH. 223 seven (87) north, range one (1) west of the 5th p. m., in Dubuque county, Iowa: provided however that this act shall not affect pending litigation. SEC. 2. In effect. This act being deemed of immediate importance shall take effect and be in force from and after and its publication in the Cascade Pioneer, a newspaper published in the town of Cascade, Iowa, and in the Register & Leader, a newspaper published at Des Moines, Iowa. Approved April 6, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader April 8, 1911, and in the Cascade Pioneer April 13, 1911. W. C. HAYWARD, Secretary of State. AN ACT to legalize decrees, obtained prior to January 1st, 1907, based on notice of publication where affidavit of non-residence was not filed, as by law provided. Whereas, section thirty-five hundred thirty-four (3534) of the code provides that service may be made by publication when affidavit is filed, that personal service cannot be made on the defendant within this state in certain cases, as enumerated in said section, and Whereas, it has been held and determined that said affidavit provided in said section must be filed at the time of or prior to the first publication of notice provided for in said section, and Whereas, in many cases where decrees have been obtained in this state by publication of notice, the affidavit required by the above section has not been filed until after the first publication of notice or during the time of the publication of the notice, as provided by law, now, therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Decrees legalized. That in all cases where decrees of court have been obtained prior to the first day of January, 1907, upon publication of notice before the filing of the affidavit of non-residence, as provided by section thirty-five hundred thirty-four (3534) of the code, and the same has not been filed, as provided by law, but has been filed during the time that the notice was being published, on which such decrees are based, are hereby legalized and such decrees shall have the same force and effect as though the affidavit of non-residence, as provided in said section, was filed at the time of or prior to the first publication of such notice, and that all decrees so obtained, as aforesaid, are hereby legalized and held to have the same force and effect as though the affidavit of non-residence had been filed, as by law required. SEC. 2. Pending litigation. Nothing in this act contained shall be construed as to affect pending litigation. SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 10, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 11, 1911. W. C. HAYWARD, LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY [CH. 226 CHAPTER 225. CERTAIN INSTRUMENTS OF WRITING CONVEYING OR AFFECTING REAL ESTATE. S. F. 75. AN ACT legalizing certain instruments of writing heretofore executed by corporations conveying, encumbering or affecting real estate that have been executed without the attaching or affixing of the corporate seal thereto. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Certain instruments in writing executed by corporations legalized. All instruments in writing executed by any corporation prior to July 4th, 1909, conveying, encumbering, or affecting real estate including releases, satisfaction of mortgages, judgments, or any other liens by entry of such release or satisfaction upon the page or pages where such lien appears recorded or entered, where the corporate seal of such corporation has not been affixed or attached thereto, and which are otherwise legally and properly executed, are hereby declared legal, valid and binding, the same as though the corporate seal had been attached or affixed thereto; provided this act shall not abate, or in any manner affect actions pending prior to the taking effect hereof. Approved March 11, A. D. 1911. CHAPTER 226. CERTAIN CONVEYANCES OF REAL ESTATE. H. F. 471. AN ACT to legalize certain conveyances of real estate heretofore recorded. Whereas, prior to the year 1885 certain deputy sheriffs in the state of Iowa, executed sheriff's deeds conveying real estate in the state of Iowa, and Whereas, some question has been raised as to the validity of such conveyances, now, therefore, Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Certain conveyances by deputy sheriffs legalized. That all conveyances executed prior to the year 1885 in the state of Iowa, by deputy sheriffs, wherein such deputy sheriff executed a sheriff's deed to real estate in the state of Iowa, and which conveyances have been of record in the office of the county recorder of the county wherein the real estate is located since prior to the first day of January 1885, be and the same are hereby legalized and made of full force and effect, the same as though deputy sheriffs had been originally empowered and authorized to execute sheriff's deeds. SEC. 2. Pending litigation. This act shall not affect any pending litigation. Approved April 12, A. D. 1911. CH. 228] LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY CHAPTER 227. ASSIGNMENTS OF MORTGAGES AND OTHER RECORDED LIENS. H. F. 411. AN ACT legalizing assignments of mortgages and other recorded liens made upon the margin of the records and making such assignments admissible in evidence. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Assignments and liens legalized. In any case where an assignment of a mortgage or other recorded lien on real estate has heretofore been made by written assignment thereof on the margin of the record where such mortgage or other lien is recorded or entered, such assignment shall be · deemed to have passed all the right, title, and interest therein, which the assignor at the time had, with like force and effect as if such assignment had been made by separate instrument duly acknowledged and recorded, and any such assignment or a duly authenticated copy thereof when accompanied by a duly authenticated copy of the record of the instrument or lien it purports to assign, shall be admissible in evidence as is provided by law for the admission of the records of deeds and mortgages. Approved April 3, A. D. 1911. CHAPTER 228. CHANGE OF NAMES OF PLATTED STREETS. H. F. 218. AN ACT legalizing the acts of cities and towns whereby ordinances of said cities or towns have heretofore changed the name or names of certain platted streets. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Acts legalized-ordinances and plats to be recorded. That, whereas, certain cities or towns throughout the state of Iowa have passed ordinances changing the name or names of certain streets in said cities; Now, therefore, it is provided that the acts of said city and town councils of such cities and towns in enacting said ordinances changing the names of said certain streets are hereby declared valid. On the filing for record of the said ordinances, duly certified by the mayor and city or town clerk, with the county recorder he shall make and record in the records of his office a plat showing the changes in the names of the streets and shall file a copy of said plat with the county auditor. SEC. 2. Pending litigation. This act shall not affect pending litigation. SEC. 3. In effect. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published at Des Moines, Iowa. Approved March 27, A. D. 1911. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 29, 1911. W. C. HAYWARD, |