Lombard v. Atwater
Supreme Court of Iowa
Lombard v. Atwater, 43 Iowa 599 (Iowa 1876)
Adams
Lombard v. Atwater
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.
Reference
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