Lombard v. Atwater

Supreme Court of Iowa

Lombard v. Atwater

43 Iowa 599

Procedural entryThis page is a short order in Lombard v. Atwater. Read the opinion of the Court — 46 Iowa 501 →

Supreme Court of Iowa·Decided June 16, 1876·Published

Opinion

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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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.

Lombard v. Atwater, 43 Iowa 599 (iowa 1876).

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