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CORNELL v. WUNSCHEL

No. 67607.

329 N.W.2d 651 (1983)

Zelda A. CORNELL, Formerly Zelda A. Noyes, Appellee, v. Lois A. WUNSCHEL, Russell S. Wunschel, and Clinton House Motel, Inc., Appellants.

Supreme Court of Iowa.

February 16, 1983.

Attorney(s) appearing for the Case

Stephen D. Haufe of Jurgemeyer, Frey & Haufe, Clinton, and Gary L. McMinimee of Wunschel, Eich & McMinimee, P.C., Carroll, for appellants.

Considered by LeGRAND, P.J., and McCORMICK, McGIVERIN, LARSON and SCHULTZ, JJ.

McGIVERIN, Justice.

This interlocutory appeal presents an issue of first impression: whether prior to the commencement of litigation the parties to an action affecting title to real estate may validly contract to place venue in a county other than the county where the real estate is located. We conclude they may not, and that Iowa Code section 616.1 (1981) mandates that the action be brought in the county where the real estate is located.

During the fall of...

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