
    Carr v. Kopp.
    It is irregular to render judgment by default, .where the defendant is returned “not found," without proof that a copy of the petition and notice has been sent to the defendant, or an excuse shown for not so sending it, as required by section 1826 of the Code.
    
      Appeal from the Keokuk District Court.
    
    This was a proceeding to perfect a tax title, under section 606 of the Code. The defendant was not personally served, but the notice being returned “ not found,” an order was made for publication, and the cause continued. At the next term, proof of publication was filed, but no proof was made of tbe sending a copy of tbe petition and notice to defendant, or any excuse shown for not so sending them, as required by section 1826. Judgment for plaintiff, by default, and defendant appeals.
    
      A. H. Patterson, for the appellant.
   Wright, C. J.

This judgment must be reversed. It was irregular to render a judgment by default, until such proof was made. Byington v. Crosthwait et al., 1 Iowa, 148.  