Lombard v. Atwater
Supreme Court of Iowa
Appeal from Carroll District Court. The plaintiff brought an action to set aside a tax deed to certain land of which he was in possession. Judgment was rendered against him, and in favor of the defendant for*costs. No order was made in regard to possession. Afterward, and in vacation, the judge made an order that the clerk issue a writ of possession, which was done, and the writ was executed and the defendant put in possession.
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Appeal from Carroll District Court. The plaintiff brought an action to set aside a tax deed to certain land of which he was in possession. Judgment was rendered against him, and in favor of the defendant for*costs. No order was made in regard to possession. Afterward, and in vacation, the judge made an order that the clerk issue a writ of possession, which was done, and the writ was executed and the defendant put in possession. An appeal was taken to this court, and the order reversed, and the ordinary procedendo issued to the court below. The plaintiff filed in that court a motion to set…
1Opinion of the CourtAdams, J.
i t>t>ar'T'mr. ordeinwStof possession, The order directing the issuance of a writ of possession was reversed by this court because it was irregular, and not because the defendant was entitled to possession. The question as to whether he was entitled to possession had not been determined, and was not before us. We are now asked to hold that the plaintiff, having been removed upon a writ irregularly issued., should be restored to possession, irrespective of the question *502as to whether he is entitled to possession. The plaintiff’s argument is that the court should undo what it appears it did…
2Cited by1 opinion
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