Lombard v. Atwater
Lombard v. Atwater
43 Iowa 599
Opinion of the Court
As the right of possession to property is something distinct from the title,' it does not follow that because plaintiff had no title, he did not have the right of possession. Furthermore, while the defendant prayed that his title might be confirmed, no decree was entered in his favor except for costs.
We think the court erred in'ordering the issuance , of a writ of possession.
Reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.