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swim ‘v.‘l\IE1VERB. 39 _
The stipulation concludes that, if the·"summons" is valid, and the
"return" is sufficient to show due service of the same on Grigsby, the de-
fendants are entitled to judgment in the action, but, if not, the plaintiff
is entitled to judgment. .
It is contended by the plaintiff that the decree of the circuit court of ‘
Linn county, under which the defendants claim, is void and of no effect,
because the court had no jurisdiction in the premises. L c
The grounds of this contention are: (1) The summons was invalid, be-
cause it did not contain a notice that the plaintiff would, if the idefend>
ant failed to answer the complaint, take judgment for a sum specified
therein, but only that in such case they would apply to the court forthe
relief demanded in the complaint; and (2) the return of the sheriff does
not show a valid service of the summons, because (a) it appears there-
from that it was "left" with Mary Backus, and not "delivered" to her;
(b) it does not appear whether Mary Backus was a member of her own
family or of the defendant’s;A and ·(c) it does not appear that the sum4
mons was served at the "nsual place of abode" of the defendantin the
state, but only "in Linn county." ` .    
The statute (Comp. 1887, § 53) provides "that there shall be inserted
in the summons, a notice in substance as follows: (1) In a¤·y‘m1¤¤ for
the recovery of money or damages only, that the plaintiff will take udg·
ment for a sum specified therein, if the defendant fail to answerthe com>
plaint; (2) in other actions, thatif the defendant fail to answer the ‘com~·
plaint, the plaintiff will app1y to the court for the relief demanded
therein." i , · 1 , ‘ `- · · ‘ V
By section 55 (Comp. 1887) itis further provided that " the summons
shall be served by delivering a copy thereof, together with a copy of the
complaint, * * * as follows:" (Here follow five subdivisions, the
first four of which relate to the service on corporations and persons une ·
der guardianship.) The fifth _one provides: "In all other casesito the
defendant personally, or, it he be not found, to some person of the fam-
ily, above the age of 14 years, at the dwelling-house or usual place; of
abode of the defendant." i V   ~"‘ ‘ `
These provisions concerning a summons and its service in an action at
law, are equally applicable to a summons and its service in _a* suit»in
equity, to enforce the lien of a mortgage. Comp. 1887, § 389.   _1
The suit against Grigsby was not, in my judgment, a suit _to"recover
money only; primarily it was brought to ascertain and enforce =a· lien· on
the real property in question, and obtain a judicial sale of the same; and
the application of the proceeds thereof in payment of the debt the- more
gage was given to secure." Comp; 1887, § 414. V ‘ ·   =‘
It is true that in case a mortgagor has given a personal obligation for
the debt, the law authorizes the court to " decree arecovery of the*amount
of such debt‘against"-him, as well as to decree a sale of the property to sat-
isfy the same. But the decree in perscmam for the recovery of the money
is not the "on1y,” nor even the princi pal, object of the suit. Atlleastit
is merely a conditional decree, and cannot beenforced until *the¢prop·
erty adjudgedto·besold is disposed of ; and then only in case- theprcé
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