Thomas v. Brodsack

McCORMICK, Justice.

Defendants appeal judgment for possession entered for plaintiffs in a forcible entry and detainer action under chapter 648, The Code. The case was tried in equity. § 648.5, The Code. Our review is de novo. We reverse.

Plaintiffs are record titleholders of about 30 acres of land on the Des Moines River in Mahaska County. Defendants own a cabin located on less than one acre of plaintiffs’ land. The judgment entered in this case awarded plaintiffs possession of the cabin site and ordered defendants’ removal. Defendants contend plaintiffs’ forcible entry and detainer action was…