Morling v. Schmidt

LeGRAND, Justice.

This is a forcible entry and detainer action brought by plaintiff under the provisions of ch. 648, The Code, to challenge defendant’s right to possession under an oral lease. Although finding defendant’s possession was unlawful, the trial court held plaintiff had failed to bring his action within thirty days from the date defendant wrongfully entered the premises (§ 648.18, The Code) and dismissed the petition. We reverse and remand for further proceedings in accordance herewith.

Plaintiff orally leased a tract of land to defendant in 1976 solely to graze cattle. None of the…