Orris v. Whipple

This case was commenced and tried as a replevin action in which a jury was waived and the case tried to the court resulting in a finding that the plaintiffs were entitled to the possession of a certain deed to real estate in the town of Lehigh, Webster County, Iowa. Serious objection was made to the form of the action, but in our view of the case it will not be necessary for us to consider or pass upon this question. We might say however, in passing, that the appellant claims error on the part of the trial court in not sustaining a motion to dismiss on the ground that replevin was not the…