Lombard v. Atwater

Supreme Court of Iowa

Lombard v. Atwater

43 Iowa 599

DecidedJune 16, 1876

StatusPublished

This text of 43 Iowa 599 (Lombard v. Atwater) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

43 Iowa 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lombard-v-atwater-iowa-1876.