Supreme Court of Iowa, 1876

Lombard v. Atwater

Lombard v. Atwater
Supreme Court of Iowa · Decided June 16, 1876 · Adams
43 Iowa 599

Lombard v. Atwater

Opinion of the Court

Adams, J.

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.

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