CHAPTER 587
JUDGMENTS AND DECREES LEGALIZED

  587.1  Decrees against unknown claimants.
  All decrees of court obtained in actions against unknown defendants in which the notice was entitled in the initial or initials of the plaintiff instead of the plaintiff’s full given name are legalized, and the decrees have the same force and effect as if the notice had been entitled in the full name of the plaintiff as was provided for in section 3538, Code of 1897, and in section 3538 of the supplement to the Code of 1913.
[SS15, §3540-a; C24, 27, 31, 35, 39, §10375; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.1]
85 Acts, ch 67, §52

  587.2  Certain publications of original notices.
  No action in which unknown persons were made parties defendant pursuant to the requirements of section 3538, supplemental supplement to the Code 1915, and in which notice of such action was given by publication between July 1, 1913, and July 1, 1915, for four consecutive weeks, the last publication being ten days prior to the first day of the term for which said action was brought as shown by proof on file in the office of the clerk of the court where said action was pending, shall be held ineffectual, void, or insufficient because the records fail to show that the court or judge approved said notice before publication or failed to endorse approval on said notice or failed to designate in which paper said notice should be published as required by section 3539, Code of 1897.
[C24, 27, 31, 35, 39, §10376; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.2]

  587.3  Original notices failing to name term.
  All judgments and decrees heretofore entered by default prior to July 4, 1963, in causes wherein the original notices set out the date when and the place where the court would convene are hereby declared legal and binding, notwithstanding the fact that said original notices fail to name the term at which defendant or defendants was or were required to appear. Nothing contained in this section shall affect pending litigation.
[C39, §10376.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.3]

  587.4  Decrees for sale of real estate by guardian.
  In all cases where decrees and orders of court have been obtained for the sale of real estate by a guardian prior to January 1, 1969, where the original notice shows that service of notice pertaining to the sale of such real estate was made on the minor or ward outside of the state of Iowa, such services of notices are hereby legalized. All decrees so obtained as aforesaid are hereby legalized and held to have the same force and effect as though the service of such original notice had been made on the minor or ward within the state of Iowa.
[C24, 27, 31, 35, 39, §10377; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.4]

  587.5  Judgments or decrees respecting wills.
  No judgment or decree purporting to set aside any will or the provisions of any will, or to place any construction upon any will or terms of any will, or to aid in carrying out the provisions of any will, and no contract or agreement purporting to be a settlement of any suit or action to set aside any will or the terms of any will, or to place any construction upon any will or any of the terms thereof, shall be held ineffectual, void, or insufficient because the records fail to show proper service of notice on all parties interested, that persons under disability affected by the action were not properly served with notice or represented by guardian or guardian ad litem, either in suit, action, or in a settlement thereof, that all persons interested participated in the settlement, or that any other provisions of law had been complied with which are necessary to make a valid decree, judgment, or settlement; provided more than ten years had elapsed since the judgment, decree, contract, or agreement was filed, entered, or placed on record in the county where the real estate affected thereby is situated. Said decree, judgment, contract, or agreement shall be conclusive evidence of the right, title, or interest it purports to establish or adjudicate insofar as it affects the title to such real estate, and said proceedings therein are hereby made legal and effectual the same as though all provisions of law had been complied with in the obtaining of said decree, judgment, or execution of said contract or agreement, and any judgment, decree, contract, or agreement such as above described which is now of record less than ten years in the county in which the real estate is situated shall, at the expiration of ten years from date of filing, entering, or recording thereof, have the same force and effect as is above given to those now in effect more than ten years.
[S13, §2963-m; C24, 27, 31, 35, 39, §10378; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.5]

  587.6  Judgments in probate by circuit courts.
  In all cases where matters or proceedings in probate have been heard by the circuit courts or judges outside the county in which such matters or proceedings were pending, and in all cases where orders and judgments in probate matters and proceedings have been made by the circuit courts and judges outside the county in which such proceeding or matter was pending, and where such hearing was had or order or judgment made within the circuit to which the county belonged in which such proceeding or matter was pending, such hearing, order, or judgment shall be held and deemed to be of the same validity and force and effect as if such hearing was had or such order or judgment was made within the county in which such proceeding or matter was pending, and all title and rights acquired under such orders and judgments shall be held and deemed to be of the same legal force and effect and to be as valid as if such order or judgment had been made within the county in which the proceeding or matter was pending.
[C24, 27, 31, 35, 39, §10379; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.6]

  587.7  Judgments or decrees quieting title.
  No existing judgment or decree quieting title to real estate as against defects arising prior to January 1, 1966, and purporting to sustain the record title shall be held ineffectual because of the failure to properly set out in the petition or notice the derivation or devolution of the interest of the unknown defendants, or on account of the failure of the record to show that such notice was approved by the court or that the same was published as directed by the court, or because of the failure of the record to show that an affidavit was filed by plaintiff showing that personal service could not be made on any defendant in the state of Iowa, or because of the failure of defense by a guardian ad litem for any defendant under legal disability, or where there was more than one tract of real estate described in the same petition and decree, or where the plaintiffs have no joint or common interest in the property or defects of title, or because of failure to comply with any other provision of law. All such decrees are hereby made legal and effectual the same as if all provisions of law had been complied with in obtaining them.
[S13, §2963-f; C24, 27, 31, 35, 39, §10380; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.7]

  587.8  Decrees in general — affidavit of nonresidence.
  In all cases where decrees of court have been obtained prior to January 1, 1966, upon publication of notice before the filing of the affidavit of nonresidence, as provided by section 3534, Code of 1897, or section 11081, Codes of 1924, 1927, 1931, 1935, 1939 and 
rule of civil procedure, number 60
, effective July 4, 1943, and the same have not been filed as provided by law, but have 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 nonresidence, as provided in said section, was filed at the time of or prior to the first publication of such notice. All decrees so obtained, as aforesaid, are hereby legalized and held to have the same force and effect as though the affidavit of nonresidence had been filed, as by law required.
[S13, §3534-a; C24, 27, 31, 35, 39, §10381; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.8]

  587.9  Decrees in general — affidavit of publication.
  In all cases where decrees of court have been obtained prior to January 1, 1969, in which the proof of publication of the original notice has been made by the affidavit of the editor of the newspaper or the publisher, manager, cashier, or supervisor thereof in which such original notice was published, the same are hereby legalized and such decrees shall have the same force and effect as though the affidavit of the publisher or supervisor of the newspaper in which original notice was published had been filed as provided by section 3536, Code of 1897, or section 11085, Codes of 1924, 1927, 1931, 1935, 1939 and 
rule of civil procedure, number 60
, Code 1946, that all decrees obtained as aforesaid are hereby legalized and held to have the same force and effect as though the proof of the publication on the original notice had been made by the affidavit of the publisher or supervisor of the newspaper in which such original notice was published.
[S13, §3536-a; C24, 27, 31, 35, 39, §10382; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.9]

  587.10  Affidavit of publication of notice by assistant publisher.
  All affidavits of proof of publication of any notice or original notice made by the assistant publisher of any newspaper of general circulation, which were executed and filed more than ten years earlier, are hereby legalized, declared valid, binding, and of full force and effect.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.10]
91 Acts, ch 183, §10

  587.11  Annulment of marriages — service by publication.
  All decrees of the courts of this state made and entered of record in actions brought to annul a marriage in which the service of the original notice was made by publication in the manner provided by law for actions for divorce are hereby legalized and validated as fully and to the same extent as if the statute at the time such suit was instituted had provided for service of the original notice by publication in the time and manner aforesaid.
[S13, §3187-a; C24, 27, 31, 35, 39, §10383; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.11]

  587.12  Service by publication under former rule 60.
  1.  In all actions or in proceedings in probate where an order, judgment, or decree has been entered prior to July 1, 1970, based upon service of notice by publication as provided by 
rule 60 of the Iowa rules of civil procedure, Code 1966
, or any statute authorizing publication of notice or upon service of notice by publication or posting pursuant to authorization or direction of any court of competent jurisdiction in the state of Iowa, all such orders, judgments, or decrees are hereby declared valid and of full force and effect, unless an action shall be commenced within the time provided in subsection 2 to question such order, judgment, or decree, or any right or status created, confirmed, or existing thereunder.
  2.  No action shall be maintained in any court to question any such order, judgment, or decree, or any right or status created, confirmed, or existing thereunder unless such action shall be commenced within one year from July 1, 1970.
  3.  The provisions of section 614.8 as to the rights of minors and persons with mental illness and any other provision of law fixing or extending the time within which actions may be commenced shall not be applicable to extend the time within which any such action shall be commenced beyond one year after July 1, 1970.
[C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §587.12]
96 Acts, ch 1129, §113; 2017 Acts, ch 29, §157; 2018 Acts, ch 1026, §165
Subsection 1 amended