Oleson v. Hendrickson
Supreme Court of Iowa
Appeal from WinnesTieik District Court. The facts are stated in the opinion of the court. 1. In refusing to pass upon the demurrer sustained in the court below, the court erred. Appeal lies whether the judgment be one of law or fact. Griffin v. Moss, 2 Iowa 261; Kimpson v. Hunt, 4 lb. 240. 2. The court erred in overruling the objections of defendant to the introduction of the sheriff's deed in evidence.
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Appeal from WinnesTieik District Court. The facts are stated in the opinion of the court. 1. In refusing to pass upon the demurrer sustained in the court below, the court erred. Appeal lies whether the judgment be one of law or fact. Griffin v. Moss, 2 Iowa 261; Kimpson v. Hunt, 4 lb. 240. 2. The court erred in overruling the objections of defendant to the introduction of the sheriff's deed in evidence. The action of forcible entry and detainer is like the action of trespass, in this, the gist of both is the injury to the possession. If an action be brought for a trespass on lands of -which…
1Opinion of the CourtLowe, C. J.
On the 24th day of March, 1860, the plaint*225iff instituted his summary proceeding against defendant founded upon the first clause of § 2362 of the Code of 1851, alleging that the defendant had, by fraud and stealth, entered upon the premises of the plaintiff (who had the prior actual possession,) and detained the same from him.
The defense consisted of a denial of such entry and consequent detention by fraud and stealth, but alleged that the defendant had done so with the permission of plaintiff, under a contract of purchase. The plaintiff demurred to this last allegation in the answer, for the…
2Cited by10 opinions
- Arnd v. AylesworthSupreme Court of Iowa · 1909
- In Re Estate of WorkSupreme Court of Iowa · 1930
- Holland Banking Co. v. BoothSupreme Court of Arkansas · 1915
- Peterson v. CrockettWashington Supreme Court · 1930
- Belding v. TorrenceSupreme Court of Iowa · 1874
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