COMPILED CODE - Iowa Legislature - State of Iowa

No change made
by 39 G. A. but
reprinted in present
form, with the
addition of section
7118-al of this supplement,
to meet
the Irishes of the
législative checking
committee.
432
§§ 7118-7118-al. LIMITATIONS OF ACTIONS. Tit: XXIX, Ch. 4.
TITLE XXIX.
GENERAL PROVISIONS RELATING TO CIVIL PRACTICE AND PROCEDURE.
CHAPTER 4.
LIMITATIONS OP ACTIONS.
SECTION 7118. Becovery of interest in real estate when spouse
failed to join in conveyance.
1 In all cases where the holder of the legal or equitable title or
2 estate to real estate situated within this state, prior to the first day
3 of January, nineteen hundred five, conveyed said real estate or any
4 interest therein by deed, mortgage, or other instrument, and the
5 spouse failed to join therein, such spouse or the heirs at law, personal
6 representatives, devisees, grantees, or assignees of such spouse shall
7 be barred from recovery unless suit is brought therefor within one
8 year after the taking effect of this act [34 G. A., ch. 159, § 1]. But
9 in case the right to such distributive share has not accrued'by the
10 death of the spouse making such instrument, then the one not joining
11 is hereby authorized to file in the recorder's office of the county where
12 the land is situated, a notice with affidavit, setting forth affiant's claim,
13 together with the facts upon which such claim rests, and the residence
14 of such claimants; and if such notice is not filed within two years
15 from the taking effect of this act [34 G. A., ch. 159, § 1], such claim
16 shall be barred forever. Any action contemplated in this section may
17 include land situated in different counties, by giving notice thereof as
18 provided by section seventy-one hundred eighty-nine of the compiled
19 code. Provided that the repeal of section thirty-four hundred forty-
20 seven-b, supplement to the code, 1907, shall not affect any act done,
21 any right accruing or which has accrued or been established, nor any
22 suit or proceeding had or commenced in any civil cause before the
23 time when such repeal takes effect ; but the proceedings in such cases
24 shall be conformed to the provisions of said repealed section as far as
25 consistent.
[S., '13, § 3447-b; 37 G. A., ch. 351, § 1.]
NOTE: The above section was enacted by the 34 G. A., ch. 159, § 1, and was
in itself a substitute for 31 G. A., ch. 152, § 1, which became section 3447-b of the
supplement to the code, 1907. The 37 G. A., ch. 351, § 1, amended the above section
by striking out the date "1890" and inserting in lieu thereof the date "1905".
This makes it uncertain as to the meaning of the word "act" as it appears in the
section and the word has been retained with a bracketed reference to the
original act.
SEC 7118-al. Interpreting clause.
1 This act [37 G. A., ch. 351, § 3], shall not affect pending litiga-
2 tion, nor shall it operate to revive rights or claims already barred